New York Lumber & Wood Working Co. v. Schnieder
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of FTew York, entered upon an order made June 4, 1888, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The award is void, because the arbitrators did not pass upon all the questions submitted to them.
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Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of FTew York, entered upon an order made June 4, 1888, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The award is void, because the arbitrators did not pass upon all the questions submitted to them. (Wright v. Wright, 5 Cow. 199 ; Moore v. Cockroft, 4 Duer, 133; Jones v. Wellwood, 71 N. Y. 208; Merritt v. Thompson, 27 id. 230 ; 6 Wait’s Pr. 529; Morse on…
1Opinion of the CourtGray, J.
This action was brought to foreclose a mechanic’s lien, filed by the plaintiff to secure a claim made by it against the defendants. The defendants interposed the plea of an arbitrament and award, and upon the trial that plea was held to be good, and the complaint was dismissed. The court refused, also, to allow the plaintiff to recover the amount awarded in the arbitration proceedings. The legal questions arising were carefully and well considered at the General Term, where the judgment was affirmed. I consider the case to have been rightly disposed of below, and, in considering this appeal,…
2Cases cited5 opinions
- Cox v. JaggerNew York Supreme Court · 1824
- Strang v. FergusonNew York Supreme Court · 1817
- Ott v. . SchroeppelNew York Court of Appeals · 1851
- Ott v. SchroeppelNew York Supreme Court · 1848
- Coleman v. . WadeNew York Court of Appeals · 1851
3Cited by35 opinions
- Matter of Am. Ins. Co (Messinger)New York Court of Appeals · 1977
- Frederick Contractors, Inc. v. Bel Pre Medical Center, Inc.Court of Appeals of Maryland · 1975
- Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
- White Star Mining Co. v. HultbergIllinois Supreme Court · 1906
- In re the Arbitration between American Insurance & MessingerNew York Court of Appeals · 1977
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