Legal Opinion
Hetherington & Berner, Inc. v. Melvin Pine & Co.
Court of Appeals for the Second Circuit
Decided May 20, 1958No. Nos. 300, 301, Dockets 24803, 24804PublishedCited by 15 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
The two principal questions are, first, whether the District Court had jurisdiction to confirm an award of arbitration in favor of plaintiff where parties of diverse citizenship agreed to arbitration to be governed by the laws of New York and later agreed to arbitrate in New York after plaintiff had brought suit in the federal court; and second, whether the award, in referring to commissions on sales not yet made and an obligation to relieve defendant of any liability to a third party, was so indefinite and uncertain that it should be set aside.
We find that the District…
2Cases cited7 opinions
- Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
- Tejas Development Co. v. McGough Bros.Court of Appeals for the Fifth Circuit · 1947
- Perkins v. . GilesNew York Court of Appeals · 1872
- Marchant v. Mead-Morrison Mfg. Co.Court of Appeals for the Second Circuit · 1928
- In Re the Arbitration Between Hunter & ProserNew York Court of Appeals · 1949
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Minkoff v. Scranton Frocks, Inc.District Court, S.D. New York · 1959
- Hunt v. Mobil Oil Corp.District Court, S.D. New York · 1987
- Monte v. Southern Delaware County AuthorityCourt of Appeals for the Third Circuit · 1963
- Minkoff v. Budget Dress CorporationDistrict Court, S.D. New York · 1960
- In Re the Arbitration of Controversies Between Old Dutch Farms, Inc. & Milk Drivers & Dairy Employees Union Local 584District Court, E.D. New York · 1963
10 more not listed; retrieve them via the Exa API.