Jones v. . Welwood
New York Court of Appeals
The nature of the appeal, and the facts appear sufficiently in the opinion. (Reported below, 9 Hun, 166.) To justify a court to interfere with an award of arbitrators, on the ground of partiality, it should be plainly established. (Wood v. Aub. & R. R. R. Co., 8 N. Y., 160, 168; 50 id., 228.) Misconduct sufficient to vacate an award, must consist of acts which evince unfairness or a violation of all principles of a just proceeding, and not merely error of judgment.
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The nature of the appeal, and the facts appear sufficiently in the opinion. (Reported below, 9 Hun, 166.) To justify a court to interfere with an award of arbitrators, on the ground of partiality, it should be plainly established. (Wood v. Aub. & R. R. R. Co., 8 N. Y., 160, 168; 50 id., 228.) Misconduct sufficient to vacate an award, must consist of acts which evince unfairness or a violation of all principles of a just proceeding, and not merely error of judgment. (Smith v. Cutler, 10 Wend., 590; Ketchum v. Woodruff, 24 Barb., 147; Knowlton v. Nickles, 29 id., 465; Turnbull v. Martin, 2…
1Opinion of the Court
Church, Ch. J.
This is an appeal from an order of the General Term, in the second judicial department, affirming an order of the Special Term, vacating an award of arbitrators.
The ground upon which the award was set aside, and the only ground which upon the fact's presented would justify it, is that the arbitrators so imperfectly executed their powers, that a mutual, final, and definite award on the subject-matter submitted was not made (2 R. S., 561), and a brief reference to the leading facts seems to be necessary.
The controversy ivas somewhat complicated. In 1870, Abby Welwood, the wife of…
2Cases cited4 opinions
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
- Hodges v. HodgesMassachusetts Supreme Judicial Court · 1812
- Munro v. AlaireNew York Supreme Court · 1805
- Methodist Episcopal Union Church v. PickettNew York Court of Appeals · 1859
3Cited by12 opinions
- Mobil Oil Indonesia Inc. v. Asamera Oil (Indonesia) Ltd.New York Court of Appeals · 1977
- In Re the Arbitration Between Puerto Rico Maritime Shipping Authority v. Star Lines Ltd.District Court, S.D. New York · 1978
- Moyer v. Van-Dye-Way CorporationCourt of Appeals for the Third Circuit · 1942
- Herbst v. . HagenaersNew York Court of Appeals · 1893
- In re the Arbitration between Transport Workers Union of America, C.I.O., & Fifth Avenue Coach Co.New York Supreme Court · 1946
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