Legal Opinion

Herbst v. . Hagenaers

New York Court of Appeals

Decided February 28, 1893PublishedCited by 21 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 12,1892, which reversed an order of Special Term confirming an award of arbitrators, and the judgment in favor of plaintiff entered thereon, and vacated the award. The facts, so far as material, are stated in the opinion. The award of the arbitrators was definite, final and certain. (Curtis v. Gokey, 68 N. Y. 300; Ludlow v. Grozart, 3 Johns.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made January 12,1892, which reversed an order of Special Term confirming an award of arbitrators, and the judgment in favor of plaintiff entered thereon, and vacated the award. The facts, so far as material, are stated in the opinion. The award of the arbitrators was definite, final and certain. (Curtis v. Gokey, 68 N. Y. 300; Ludlow v. Grozart, 3 Johns. Cas. 534; Ott v. Schroeppel, 5 N. Y. 482; Jackson v. Ambler, 14 Johns. 96; Rogers v. Tatum, 25 N. J. L. 281; Wilson v. Brown, 82 Penn. St. 437; 2…

1Opinion of the CourtO’Brien, J.

This appeal brings here for review an order of the General Term vacating an order made by arbitrators, in favor of the appellant, and reversing an order of the Special Term which confirmed the award.

It appears that the parties entered into a partnership agreement on April 16,1888, which was to terminate June 30,1893. The business of - the firm was that of foreign commission merchants. The appellant’s share or interest in the business was fixed by the partnership agreement at a salary of $2,000 per year, from the date of the agreement to June 30, 1890, and for each succeeding year the same…

2Cases cited7 opinions

  1. Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
  2. Flannery v. . SahagianNew York Court of Appeals · 1892
  3. Cox v. JaggerNew York Supreme Court · 1824
  4. Waite v. BarryNew York Supreme Court · 1834
  5. Martin v. WilliamsNew York Supreme Court · 1816

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3Cited by21 opinions

  1. In Re the Arbitration Between Puerto Rico Maritime Shipping Authority v. Star Lines Ltd.District Court, S.D. New York · 1978
  2. Moyer v. Van-Dye-Way CorporationCourt of Appeals for the Third Circuit · 1942
  3. In re the Arbitration between Mole & Queen InsuranceAppellate Division of the Supreme Court of the State of New York · 1961
  4. Silber v. SilberAppellate Division of the Supreme Court of the State of New York · 1994
  5. Lewis v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1979

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