Legal Opinion
In re the Arbitration between Marchant & Mead-Morrison Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Decided June 18, 1929PublishedCited by 2 opinions
1Opinion of the CourtO’Malley, J.
Two of the three arbitrators herein have awarded damages in the sum of $935,487.09. The third arbitrator’s minority report, however, awarded nominal damages of but $1, and this upon the theory that the damages attempted to be proven were too speculative and indefinite in character to form a basis for an award.
Of the numerous questions raised by the appellant one is that the issue of damages was at no time before the arbitrators. Such issue, it is asserted, was not covered by the arbitration clause in the contract between the parties. Appellant’s contention in this respect is in accord with…
2Cases cited5 opinions
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
- Matter of Hosiery Mfrs. Corp. v. . GoldstonNew York Court of Appeals · 1924
- In re the Arbitration between D. Goff & Sons, Inc. & RheinauerAppellate Division of the Supreme Court of the State of New York · 1922
- In re MarchantAppellate Division of the Supreme Court of the State of New York · 1925
3Cited by2 opinions
- In re the Arbitration between Amalgamated Watch, Clock & Time Instrument Workers & Jaeger Watch Co.Appellate Division of the Supreme Court of the State of New York · 1946
- In re the Arbitration between Holliday & SamuelsAppellate Division of the Supreme Court of the State of New York · 1951