Hiscock v. . Harris
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee and granting a new trial. This action was brought upon an award of arbitrators. The facts appear sufficiently in the opinion. The award was within the submission, and valid on the face of the papers; there was no uncertainty as to that part characterized as the money part. (Nichols v. S. C. M. Ins.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee and granting a new trial. This action was brought upon an award of arbitrators. The facts appear sufficiently in the opinion. The award was within the submission, and valid on the face of the papers; there was no uncertainty as to that part characterized as the money part. (Nichols v. S. C. M. Ins. Co., 22 Wend., 125-131; Burnside v. Whitney, 21 N. Y., 148; Rogers v. Van Deusen, 5 Wend, 268; Case v. Ferris, 2 Hill, 75;…
1Opinion of the CourtAndrews, J.
The parties to the submission of September 22, 1873, with the exception of Richard Hiscock, were tenants in common of certain lands formerly . owned by Cyrus Harris, and afterwards conveyed to Cyrus II. Harris, and were entitled as their next of kin to the personal propperty left by them at their decease. The plaintiffs held an undivided third part and interest in the property, and the defendants the remaining two-thirds.
The real estate consisted of a farm of about 255 acres, which in 1838 was conveyed by Cyrus. Harris to his son Cyrus H. Harris by deed which was claimed to be void. The…
2Cases cited1 opinion
- Purdy v. DelavanNew York Supreme Court · 1803
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