Cope v. Gilbert
New York Supreme Court
Error to Chenango C. P. Gilbert sued Cope before a justice, and declared upon an award in his favor for $25,28. He recovered, and the cause went to the C. P. by appeal, where the jury found a special verdict, stating the following facts: the parties made a parol submission of their accounts and demands to three arbitrators, naming them, without any agreement that two might make an award. The arbitrators all met, and, without being sworn, proceeded to hear the parties.
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Error to Chenango C. P. Gilbert sued Cope before a justice, and declared upon an award in his favor for $25,28. He recovered, and the cause went to the C. P. by appeal, where the jury found a special verdict, stating the following facts: the parties made a parol submission of their accounts and demands to three arbitrators, naming them, without any agreement that two might make an award. The arbitrators all met, and, without being sworn, proceeded to hear the parties. And after the hearing, two of the arbitrators, the third dissenting, made an award that the defendant should pay the plaintiff…
1Opinion of the Court
By the Court, Bronson, Ch. J.
At the common law a parol submission to arbitration is good: and it is settled, that our statute of arbitrations, (2 R. S. 541,) which only speaks of a submission in writing, has not abrogated the common law; but has left the parties at liberty to proceed as they did before, ex cept where the award is to be enforced, vacated, or corrected in the manner pointed out by the statute. (Wells v. Lain, 15 *348Wend. 99; Diedrick v. Richley, 2 Hill, 271.) There was a good common law submission in this case. But there was not a good common law award, because only two of the…
2Cases cited3 opinions
- Green v. MillerNew York Supreme Court · 1810
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Bloomer v. ShermanNew York Court of Chancery · 1836
3Cited by10 opinions
- Bridgman v. BridgmanSupreme Court of Missouri · 1856
- French v. NewNew York Supreme Court · 1855
- Vallé v. North Missouri RailroadSupreme Court of Missouri · 1866
- Darling v. DarlingWisconsin Supreme Court · 1863
- In re the Arbitration between Hellman & WolbromAppellate Division of the Supreme Court of the State of New York · 1969
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