McNulty v. . Solley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 1, 1883, which affirmed an order of Special Term discontinuing the action. (Reported below, 31 Hun, 17.) The facts sufficiently appear in the opinion. The proposition to arbitrate, with the refusal of the arbitrators to accept the proposition, was insufficient to withdraw the cause from the court to another tribunal.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 1, 1883, which affirmed an order of Special Term discontinuing the action. (Reported below, 31 Hun, 17.) The facts sufficiently appear in the opinion. The proposition to arbitrate, with the refusal of the arbitrators to accept the proposition, was insufficient to withdraw the cause from the court to another tribunal. (Morse on Arbitrations, 80; Chapman v. Seecomb, 36 Me. 102; Elliott v. Quimby, 13 N. H. 183 ; Woolley v. Clark, 2 D. & Ry. 158 ; Haggart v. Morgan, 5 N. Y. 422; Harper v.…
1Opinion of the CourtDanforth, J.
After issue, while the action was pending and on the trial calendar, the parties, under the advice of certain persons styled a committee, executed an agreement in these words: “New York, April 27,1883. Mr. McNulty named Sami. Shethar, Mr. Solley named E. Y. Connett; the committee named H. M. Silverman.”
“We, the undersigned, hereby agree to leave our differences to the above named parties, Shethar, Connett and Silverman, as arbitrators, whose decision shall be final.”
Afterward the plaintiff’s counsel had the cause set down for trial at the Circuit for the 16th of May, 1883. On the 10th of May…
Also in this document: Dissent.
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