Union Insurance Co. v. . Central Trust Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered May 31, 1895, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered May 31, 1895, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. On the 10th of October, 1885, a quadripartite agreement was entered into between the Union Insurance Company, party of the first part, the Insurance Company of the State of Pennsylvania, party of the second part, the Continental Insurance Company, party of the third part, and Lorenzo Dimick, party of the fourth part, which, after reciting the existence of certain…
1Opinion of the CourtVann, J.
Each party to the submission agreement, which was quadripartite in character, was bound only to the extent of the promises, express or implied, made by them respectively. (Berry Harvester Co. v. Walter A. Wood Co., 152 N. Y. 540.)
While the contract required a deposit to be made in behalf of Dimick for the benefit of the plaintiffs, it did not expressly provide by whom it was to be made. The object of the deposit was to secure performance of any award against Dimick in favor of the plaintiffs, or either of them. It was not to secure performance by him of the arbitration agreement, generally,…
2Cases cited8 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Crist v. ArmourNew York Supreme Court · 1861
- Berry Harvester Co. v. Walter A. Wood Mowing & Reaping MacHine Co.New York Court of Appeals · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brady v. OliverTennessee Supreme Court · 1911
- Computer Possibilities Unlimited, Inc. v. Mobil Oil Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Engelbrecht v. HerringtonSupreme Court of Kansas · 1917
- In Re Asia Global Crossing, Ltd.United States Bankruptcy Court, S.D. New York · 2005
- In Re Asia Global Crossing, Ltd.United States Bankruptcy Court, S.D. New York · 2005
11 more not listed; retrieve them via the Exa API.