Legal Opinion
In re the Arbitration between American Eagle Fire Insurance & New Jersey Insurance
New York Court of Appeals
Decided July 15, 1925PublishedCited by 50 opinions
1Opinion of the CourtPound, J.
The question is whether, after the final submission of an arbitration, one of three arbitrators may by his resignation prevent the other two arbitrators from making a valid award under a submission providing for an award by a majority and for the filling of vacancies in case an arbitrator resigns. It is contended on one hand that, while the final award may unquestionably be made by a majority of the arbitrators, nevertheless in case of a vacancy by resignation before the final award is made, the agreement requires literally the choice of a substitute arbitrator before an award can be' made;…
2Cases cited5 opinions
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- In Re the Arbitration Between Bullard & Morgan H. Grace Co.New York Court of Appeals · 1925
- Bulson v. . LohnesNew York Court of Appeals · 1864
- Crofoot v. AllenNew York Supreme Court · 1829
- Carpenter v. WoodMassachusetts Supreme Judicial Court · 1840
3Cited by50 opinions
- Barcon Associates, Inc. v. Tri-County Asphalt Corp.Supreme Court of New Jersey · 1981
- In Re Arbitration Between Astoria Medical Group & Health Insurance PlanNew York Court of Appeals · 1962
- In Re the Arbitration Between Siegel & LewisNew York Court of Appeals · 1976
- Kentucky River Mills v. JacksonCourt of Appeals for the Sixth Circuit · 1953
- Levine v. Wiss & Co.Supreme Court of New Jersey · 1984
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