Burnap v. Losey
New York Supreme Court
This was an action upon the award of a sole arbitrate)'.', under a submission executed between two parties. Plaintiff was an assignee of the prevailing party.
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This was an action upon the award of a sole arbitrate)'.', under a submission executed between two parties. Plaintiff was an assignee of the prevailing party. The submission was in writing, dated February 22d, 1867, covering all matte’s in controversy between the parties, and contained a mutual covenant to be bound by the award, with a proviso as follows: “ Provided, however, that the said award he made in writing, under the hand of the said arbitrator, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on or before the 5th day of March.”…
1Opinion of the Court
By the Court
— Johnson, J.
The ease comes before us on *113a motion for judgment upon a verdict ordered at the circuit, subject to the opinion of the court at General Term. The case, as it is made up, contains a single exception to the ruling of the judge, in admitting evidence against the defendant’s objection. This exception, however, the defendant’s counsel consents to waive, in order that the case may be heard and determined in this form, upon the merits.
There is no conflict of evidence or dispute as to the facts. The only question is, whether the award, on which the action is brought, is not…
2Cases cited2 opinions
- Vorebeck v. RoeNew York Supreme Court · 1867
- Perkins v. WingNew York Supreme Court · 1813
3Cited by1 opinion
- Redlich v. . DollNew York Court of Appeals · 1873