Seward v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made on the first Tuesday of January, 1886, affirming a judgment in favor of the plaintiff, entered upon a verdict .and denying a motion for a new trial. (Reported below, 39 Hun, 44.) The nature of the action and the material facts are suffi•ciently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made on the first Tuesday of January, 1886, affirming a judgment in favor of the plaintiff, entered upon a verdict .and denying a motion for a new trial. (Reported below, 39 Hun, 44.) The nature of the action and the material facts are suffi•ciently stated in the opinion. The motion to dismiss the complaint should have been granted, plaintiff having stipulated that the last arbitrator appointed by defendant was an impartial, disinterested and competent person to act as such…
1Opinion of the Court
Finch, J..The answer to a single question will determine this appeal. The action was brought to recover specific damages, and an arbitration agreement was pleaded in bar. The trial court and the General Term pronounced that agreement no defense to the action, and while there was much of controversy over the inquiry which of the parties had prevented the arbitration the whole subject became immaterial upon the ruling finally adopted and upon which the judgment stands.
The plaintiff entered into a written agreement with the water commissioners of the defendant corporation. By the terms of that…
2Cases cited1 opinion
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
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- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- In Re the Arbitration of Certain Differences Between Lummus Co. & Commonwealth Oil Refining Co.District Court, S.D. New York · 1961
- Daniher v. Grand Lodge Ancient Order of United WorkmenUtah Supreme Court · 1894
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