Howard v. . Sexton
New York Court of Appeals
Action of slander in the supreme court, for charging the plaintiff with having sworn false, &c. in a suit before arbitra[158] tors. The plaintiff proved the submission, which contained no provision that a judgment should be rendered on the award. It appeared that the arbitrators were not sworn; that the plaintiff was sworn by & justice of the peace as a witness for one of the parties, and examined before the arbitrators.
Read the full summary
Action of slander in the supreme court, for charging the plaintiff with having sworn false, &c. in a suit before arbitra[158] tors. The plaintiff proved the submission, which contained no provision that a judgment should be rendered on the award. It appeared that the arbitrators were not sworn; that the plaintiff was sworn by & justice of the peace as a witness for one of the parties, and examined before the arbitrators. He testified, without objection, to a promise or undertaking by the defendant, who was a party to that controversy, to pay certain notes given by one Tower, if the maker did…
1Opinion of the CourtGardiner, J.
By the common law, arbitrators could act judicially without being sworn. They were judges selected by the parties. The statute of arbitrations (2 R. S. 541) has not changed the law in this respect, but permits the parties to agree in their sub- [159] mission, that a judgment of a court of record may be rendered upon the award. Although the litigants have not availed themselves of this privilege, yet the submission they did execute was a sufficient authority until revoked, for the arbitrators to hear and determine the controversy between them. The oath prescribed by the fourth section, to be…
2Cases cited1 opinion
- Butler v. MillerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by35 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- International Harvester Co. of America v. CampbellCourt of Appeals of Texas · 1906
- Krug v. . PitassNew York Court of Appeals · 1900
- Upton v. HumeOregon Supreme Court · 1893
- Distin v. . RoseNew York Court of Appeals · 1877
30 more not listed; retrieve them via the Exa API.