Legal Opinion

In re the Home Insurance

New York Supreme Court

Decided January 2, 1926Published

1Opinion of the CourtProskauer, J.

Reargument is asked on the ground that in my opinion (126 Misc. 300) I incorrectly stated that the parties had waived on argument a possible technical defect that neither arbitrator concurred specifically in the umpire’s award. It is stated that the matter specifically waived was that neither arbitrator signed the award, but concurred in it by letter, and that for that reason I should consider the letter of Lyman Candee, dated December 30, 1924, which concludes with the words: “ I concur in the award,” but in the earlier portion gives a different interpretation to the award from the one found…

2Cases cited10 opinions

  1. Castleman v. Du ValCourt of Appeals of Maryland · 1899
  2. Willis v. WeeksSupreme Court of Iowa · 1906
  3. Bernstein v. SmithNew York Supreme Court · 1922
  4. Crown Corset Co. v. C. Ludwig Baumann & Co.Appellate Division of the Supreme Court of the State of New York · 1925
  5. Bernstein v. SmithAppellate Division of the Supreme Court of the State of New York · 1923

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