Smith v. Cooley
New York Court of Common Pleas
Appeal from a judgment of this court, entered on the decision of a judge at special term. The action was brought to set aside an award made by arbitrators, and to determine the rights of the parties under a certain' lease.
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Appeal from a judgment of this court, entered on the decision of a judge at special term. The action was brought to set aside an award made by arbitrators, and to determine the rights of the parties under a certain' lease. The facts of the case were as follows : On the 4th of February, 1851, the plaintiff’s ancestor leased to defendant’s assignor the lot of land (now) 8 Park place, in the city of New York, 25x75 feet, for twenty-one years, from May 1,1851. The lease provided that the lessee might take down and remove from said lot “ the buildings now standing thereon, or such part thereof as…
1Opinion of the CourtLabbehobe, J.
The right of a court of equity to set aside an award for corruption, partiality, or palpable mistake of law or fact, is well settled (2 R. S. 544, § 22; Herrick v. Blair, 1 Johns. Ch. 101; Underhill v. Van Cortlandt, 2 Johns Cas. 365 ; Perkins v. Giles, 50 N. Y. 232; Burnside v. Whitney, 21 N. Y. 148; Perkins v. Giles, 53 Barb. 342). The learned judge who tried this cause has found as a question of fact, that the arbitrators who made the award in question were, and each of them was, guilty of want of care, misjudgment, and partiality in making' the same. Mersereau, in anticipation of his…
2Cases cited9 opinions
- Kershaw v. ThompsonNew York Court of Chancery · 1820
- Miller v. McCanNew York Court of Chancery · 1839
- Perkins v. . GilesNew York Court of Appeals · 1872
- Burnside v. . WhitneyNew York Court of Appeals · 1860
- Herrick v. BlairNew York Court of Chancery · 1814
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3Cited by2 opinions
- In Re the Arbitration Between Torano & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1965
- In Re the Arbitration Between Torano & Motor Vehicle Accident Indemnification Corp.New York Court of Appeals · 1965