Legal Opinion

Gilbert v. Burnstine

New York Court of Appeals

Decided January 13, 1931PublishedCited by 142 opinions

1Opinion of the CourtO’Brien, J.

The complaint was dismissed on the merits and the judgment has been affirmed.

The following facts are alleged in the complaint and admitted in the reply: In the year 1925, at New York, defendants, who are citizens and residents of this State, contracted in writing for the sale and delivery to plaintiff within the United States of a quantity of zinc concentrates. By a clause in the contract the parties agreed that all differences arising thereunder should be “ arbitrated at London pursuant to the Arbitration Law of Great Britain.” Differences arose concerning an alleged failure to deliver in…

2Cases cited10 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Hess v. PawloskiSupreme Court of the United States · 1927
  3. Wuchter v. PizzuttiSupreme Court of the United States · 1928
  4. Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
  5. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923

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3Cited by142 opinions

  1. National Equipment Rental, Ltd. v. SzukhentSupreme Court of the United States · 1964
  2. Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.New York Court of Appeals · 1980
  3. 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
  4. Hamilton Life Insurance Company of New York v. Republic National Life Insurance CompanyCourt of Appeals for the Second Circuit · 1969
  5. The Island Territory of Curacao v. Solitron Devices, Inc.Court of Appeals for the Second Circuit · 1973

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