Bulson v. Lohnes
New York Court of Appeals
Appeal from a judgment rendered at a General Term of the Supreme Court in the Third District, The action was brought upon an award of arbitrators.
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Appeal from a judgment rendered at a General Term of the Supreme Court in the Third District, The action was brought upon an award of arbitrators. The parties agreed in writing to submit certain matters in difference between them to three arbitrators, and provided in the agreement that the award should be made in writing under the hands of the arbitrators, or any two of them, and be ready for delivery on or before the second day of April, 1860. On the 13th of March, 1860, the three arbitrators met,- took and subscribed the oath as arbitrators, and-appointed the hearing for the 22d of the same…
1Opinion of the CourtJohnson, J.
Only two of the three arbitrators chosen met and heard the proofs and allegations of the parties. The third had due notice of the time and place of hearing, and appeared there, but declined publicly to take any part whatever in the proceedings, and did not remain or act during "the trial. The award was afterward made by the two, before whom the matters submitted were heard. The question to be determined is, whether the award thus made is valid, and can be enforced by action.
The submission was to three, arbitrators, with a provision that the award should be in writing signed by the three, “ or…
2Cases cited5 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
- M'Inroy v. BenedictNew York Supreme Court · 1814
- Olcott v. . WoodNew York Court of Appeals · 1856