Legal Opinion
In re the Arbitration between Gantt & Felipe Y Carlos Hurtado & Cia, Ltda.
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 1955PublishedCited by 5 opinions
1Opinion of the CourtBreitel, J.
Involved in this case is the question whether a foreign executrix may, in her official capacity, be compelled to arbitrate a dispute to which her decedent was a party. It is this court’s view that Special Term had no power to so direct the foreign executrix.
Petitioner, a buyer of lumber prior to his death, and respondent, the seller, entered into contracts in 1946, containing a provision for arbitration in this State of any controversies or claims arising out of the contracts. When a dispute arose, because of the buyer’s failure to supply a letter of credit, the seller demanded arbitration.…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Helme v. . BuckelewNew York Court of Appeals · 1920
- Kirkbride v. Van NoteNew York Court of Appeals · 1937
- McMaster v. GouldNew York Court of Appeals · 1925
- In Re the Arbitration Between Gantt & Felipe Y Carlos Hurtado & Cia., Ltda.New York Court of Appeals · 1948
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3Cited by5 opinions
- Rosenfeld v. Hotel Corp. of AmericaNew York Court of Appeals · 1967
- In re the Accounting of GoldbergAppellate Division of the Supreme Court of the State of New York · 1961
- In re the Estate of RiggleNew York Surrogate's Court · 1959
- Detzel v. DetzelNew York Supreme Court · 1959
- Muller v. MullerAppellate Division of the Supreme Court of the State of New York · 1958