Newburger v. Gold

The facts are sufficiently stated in the opinion of Mr. Justice McAvoy.

We are of the opinion that there are preliminary questions to be decided before arbitration may be compelled. The relation between the parties was fiduciary. The respondent Morris' Gold, *573also respondent here, alleges that when he discovered that the paper presented contained type too small for him to read and suggested that he would take it home for his son to read, he was assured by the petitioners’ representative that it was merely an authorization to the petitioners to buy and sell stock and that “ there was nothing…