Harrington v. Higham
New York Supreme Court
This suit was brought against the defendants Abram Higham, Gerry Sanger and Henry M. Benedict, as joint debtors, upon an award of arbitrators, made against them as copartners. Higham was the acting member of the firm, and executed the submission in the firm name of Higham & Co. There was proof on the trial that Sanger assented to the submission, but none that Benedict knew or ratified it in any manner.
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This suit was brought against the defendants Abram Higham, Gerry Sanger and Henry M. Benedict, as joint debtors, upon an award of arbitrators, made against them as copartners. Higham was the acting member of the firm, and executed the submission in the firm name of Higham & Co. There was proof on the trial that Sanger assented to the submission, but none that Benedict knew or ratified it in any manner. The scope of the arbitration was to ascertain how much was due from the firm to the plaintiff on account of car axles sold and delivered. The arbitrators awarded the sum of $857, and further…
1Opinion of the Court
By the Court, Hubbard, J.
It was held in this case, when formerly before this court, (13 Barb. 660,) that one of several partners in a trading firm, has no implied power or authority, arising from the partnership relation, to refer to arbitration any partnership interest or controversy. It was also stated in the opinion, that an award made in pursuance óf a submission entered into by one member without the consent of his copartners would bind the submitting member alone, to its performance, and not the firm. The following authorities sustain this proposition. McBride v. Hagan, (1 Wend. 326.)…
2Cases cited4 opinions
- MbBride v. HaganNew York Supreme Court · 1828
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
- Mackay v. BloodgoodNew York Supreme Court · 1812
- Harrington v. HighamNew York Supreme Court · 1853
3Cited by19 opinions
- McIntosh v. . EnsignNew York Court of Appeals · 1863
- Parker v. JacksonNew York Supreme Court · 1852
- Bailey Loan Co. v. HallCalifornia Supreme Court · 1895
- Claflin v. ButterlyThe Superior Court of New York City · 1856
- Brandt v. HallIndiana Court of Appeals · 1907
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