Cranston v. Executors of Kenny
New York Supreme Court
ANTHON, for the defendants, moved to set aside the award the arbitrators in this case, which had been submitted to arbitration; but without any rule or order of the court. He stated the ground of the application to be, that the arbitrators had mistaken the law; and he contended that this court had a right to interfere and set aside the award in such a case. He cited 2 Vesey, 18. 2 Bos. & Bull. 375. 2 Vern. 705. Burr. 1257. 3 East. 13. Lawrence, J. Barlow v. Todd, 3 Johns.
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ANTHON, for the defendants, moved to set aside the award the arbitrators in this case, which had been submitted to arbitration; but without any rule or order of the court. He stated the ground of the application to be, that the arbitrators had mistaken the law; and he contended that this court had a right to interfere and set aside the award in such a case. He cited 2 Vesey, 18. 2 Bos. & Bull. 375. 2 Vern. 705. Burr. 1257. 3 East. 13. Lawrence, J. Barlow v. Todd, 3 Johns. Rep. 367. Newland v. Douglas, 2 Johns. Rep. 62.
1Opinion of the CourtSpencer, J.
This case was submitted to arbitrators, by the parties, without any rule or order of the court, and their award is now attempted to be set aside, on. the ground that the arbitrators have decided contrary to law.
This application struck me, as singular, but the defendants counsel insisted that the cases he cited bore out the application. I have examined all of them, and they are inapplicable to this cáse.
In the case of Newland v. Douglas, (2 Johns. Rep. 62.) this court decided that proof of a mistake of arbitrators was inadmissible at law, and that the court of chancery alone could correct a…
2Cited by12 opinions
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Mitchell v. BushNew York Supreme Court · 1827
- Briggs v. SmithNew York Supreme Court · 1854
- Ferson v. DrewWisconsin Supreme Court · 1865
- Burroughs v. DavidSupreme Court of Iowa · 1858
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