M'Kinstry v. Solomons
New York Supreme Court
certain distillery and brewery, carried on at Cornivall, under the firm of Solomons & Co.; that differences had arisen, and were depending between the plaintiff and the defendant, concerning the accounts and final settlement of the late co-partnership of Solomons & Co. and for putting an end thereto, the plaintiff and defendant, on the This was an action on an award.
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certain distillery and brewery, carried on at Cornivall, under the firm of Solomons & Co.; that differences had arisen, and were depending between the plaintiff and the defendant, concerning the accounts and final settlement of the late co-partnership of Solomons & Co. and for putting an end thereto, the plaintiff and defendant, on the This was an action on an award. The declaration stated, that the plaintiff was late co-partner in trade with Alexander Hannah, deceased, at Montreal, under the firm of Hannah & M?Khxstry; that the defendant was co-partner with the said Hannah and the plaintiff,…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. Ser veral objections were made to the declaration.
1. It was said that it does ' not appear that the arbitrators ever took upon themselves the consideration of the subject, prior to .the appointment of the umpire. But this was not necessary. The arbitrators may elect an umpire, within the time prescribed for them to make an award, and even before they take upon themselves the matter submitted., (4 Term, 644.) It is not even requisite, that the arbitrators should have acted in the matter, and made an effort to agree in order to give validity to…
2Cases cited1 opinion
- Purdy v. DelavanNew York Supreme Court · 1803
3Cited by22 opinions
- Matter of WilkinsNew York Court of Appeals · 1902
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Waite v. BarryNew York Supreme Court · 1834
- Barlow v. ToddNew York Supreme Court · 1808
- Buchanan v. BuchananSupreme Court of Alabama · 1882
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