Wood v. . Tunnicliff
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered, upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered, upon the report of a referee. This action was brought upon a guaranty under seal of the payment upon the part of the executors of Cornelius T. E. Van Horne, deceased, of any award made against them upon a submission to arbitrators, executed by said executors and the plaintiff, defendants covenanting that, in case an award was made against the executors, and they should not pay the same, that defendants would pay or cause to be paid the amount…
1Opinion of the CourtAndrews, J.
If the arbitration agreement between the plaintiff and the executors of Van Horne, was mutually binding and obligatory upon the parties, and the award made was within the submission, no doubt can be entertained of the correctness of the judgment against the defendants. Their undertaking was to pay any award made against the executors in case of their failure to pay it. The arbitrators found that the executors, as such, were indebted to the plaintiff in the sum of $4,502.42, and awarded payment thereof by them.
The indebtedness, thus ascertained, grew out of transactions between the plaintiff…
2Cases cited7 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Chouteau v. . SuydamNew York Court of Appeals · 1860
- Tucker v. TuckerNew York Court of Appeals · 1868
- Merritt v. . ThompsonNew York Court of Appeals · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
- S. A. Wenger & Co. v. Propper Silk Hosiery Mills, Inc.New York Court of Appeals · 1924
- District of Columbia v. BaileySupreme Court of the United States · 1898
- Sullivan v. NicoulinSupreme Court of Iowa · 1901
- Scott v. CriderMissouri Court of Appeals · 1925
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