Goodsell v. Phillips
New York Supreme Court
Appeal by plaintiff from an order of the Broome special term, made in October, 1866, setting aside a judgment entered in favor of the plaintiff against the defendant, and the execution thereon. The judgment in question, which was in favor of Daniel Goodsell, the plaintiff, against Beuben H. Phillips, the defendant, was entered on an award of arbitrators for $176 79 besides interest and costs.
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Appeal by plaintiff from an order of the Broome special term, made in October, 1866, setting aside a judgment entered in favor of the plaintiff against the defendant, and the execution thereon. The judgment in question, which was in favor of Daniel Goodsell, the plaintiff, against Beuben H. Phillips, the defendant, was entered on an award of arbitrators for $176 79 besides interest and costs. The award was dated February 13, 1866. The submission of the matters in dispute between the parties to arbitrators, was dated the 26th day of January, 1866. It was signed and sealed by the parties, and a…
1Opinion of the Court
By the Court,*—Balcom, J.
The plaintiff was not entitled to enter a judgment against the defendant upon the award unless the statute authorised him to do it. A party can confess a judgment, which may be entered without action, provided he complies with the provisions of the code of procedure on the subject. (See Code, §§ 382 to 384.) A party cannot enter a judgment upon an award in his favor, unless the submission, pursuant to which it was made, be in conformity with the statute respecting arbitrations. When parties, by an instrument in writing, submit matters in dispute to the decision of…
2Cases cited1 opinion
- Farrington v. HamblinNew York Supreme Court · 1834
3Cited by1 opinion
- Ocean House Corp. v. ChippuNew York Supreme Court · 1875