Legal Opinion
Newburger v. Lubell
New York Court of Appeals
Decided November 17, 1931PublishedCited by 59 opinions
1Opinion of the Court
Cardozo, Ch. J.
The question to be determined is whether the Appellate Division exercised its discretion erroneously in holding the complaint insufficient to require the court to proceed to a declaratory judgment.
The plaintiffs, a firm of stockbrokers, bought and sold securities for the defendant, and carried them for his account, under a written agreement that any controversy arising between the parties to the account should be determined by arbitration. As the result of their transactions, the defendant became indebted to the plaintiffs on January 2, 1931, in the sum of $48,937.23, which…
2Cases cited5 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Matter of FletcherNew York Court of Appeals · 1924
3Cited by59 opinions
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- New York Foreign Trade Zone Operators, Inc. v. State Liquor AuthorityNew York Court of Appeals · 1941
- Russell v. BooksNew York Supreme Court · 1959
- Pacific Electric Railway Co. v. DeweyCalifornia Court of Appeal · 1949
- Town of Ohio v. PeopleAppellate Division of the Supreme Court of the State of New York · 1942
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