Emmet v. Hoyt
New York Supreme Court
Arbitration and award. On the 25th November, 1836, arbitration bonds were entered into by. Thomas Addis Emmet, bn the one part, and Goold Hoyt, on .the other, whereby the parties' submitted to the decision of three arbitrators a claim for commission or compensation, preferred by Hoyt against Emmet, as the legal representative of the estate of John Tom, deceased for winding up the partnership affairs of the firm of Hoyt & Tom, of which firm Hoyt was the surviving partner; and…
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Arbitration and award. On the 25th November, 1836, arbitration bonds were entered into by. Thomas Addis Emmet, bn the one part, and Goold Hoyt, on .the other, whereby the parties' submitted to the decision of three arbitrators a claim for commission or compensation, preferred by Hoyt against Emmet, as the legal representative of the estate of John Tom, deceased for winding up the partnership affairs of the firm of Hoyt & Tom, of which firm Hoyt was the surviving partner; and also all claims by and between either of the parties arising out of such partnershipand for a final settlement of all…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
This is a motion to vacate or modify an award of arbitrators, in pursuance of the authority for the purpose conferred upon this court by the 2 R. S. 542, § 10, 11.
Under the 10th section, “ any party complaining of such an award, may move the court, designated in such submission, to vacate the same,’’ upon either of the following grounds: 1. That such award was procured by corruption, fraud, or other undue means; 2. That there was evident partially or corruption in the arbitrators, or either of them; 3. That the arbitrators were guilty of misconduct, in refusing to…
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