Curtis v. . Gokey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department setting aside a verdict in favor of plaintiff’s intestate and granting a new trial. (Reported below, 5 Hun, 555.) This action was upon an award of arbitrators. The facts appear sufficiently in the opinion. The agreement of plaintiff was reasonable and valid.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department setting aside a verdict in favor of plaintiff’s intestate and granting a new trial. (Reported below, 5 Hun, 555.) This action was upon an award of arbitrators. The facts appear sufficiently in the opinion. The agreement of plaintiff was reasonable and valid. (Nobles v. Bates, 7 Cow., 307; Mott v. Mott, 11 Barb., 127; Dunlap v. Gregory, 10 N. Y., 241; Holbrook v. Waters, 9 How., 335.) As the terms of the submission do not exclude the idea of a legal agreement, it will be assumed that it was not…
1Opinion of the CourtAllen, J.
The defendant and James Curtis, the plaintiff’s intestate, had been partners as retail dealers in boots and shoes at Addison,, in the county of Steuben, and the one claimed and the other denied, that at the time of the dissolution, and purchase by said plaintiff’s intestate of the stock in trade and business of the deceased, the defendant had agreed not to engage in the same business. The defendant having entered into the business in competition with his former partner, a controversy arose between them, which by mutual agreement in writing, was submitted to the arbitrament of four members of…
2Cases cited4 opinions
- Dunlop v. . GregoryNew York Court of Appeals · 1851
- Nobles v. BatesNew York Supreme Court · 1827
- Nelson v. . EatonNew York Court of Appeals · 1863
- Emmet v. HoytNew York Supreme Court · 1837
3Cited by29 opinions
- Weil v. NearySupreme Court of the United States · 1929
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Moore & Handley Hardware Co. v. Towers Hardware Co.Supreme Court of Alabama · 1888
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Gorder v. Plattsmouth Canning Co.Nebraska Supreme Court · 1893
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