Curtis v. Barnes & Horton
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendants as copartners, transacting business as distillers, to recover the price of a steam engine and boiler, with certain castings, mill gearing and other goods, wares and machinery sold and delivered to the defendants j and for work and labor done by the plaintiff upon said steam engine, boiler, castings, &c.; and in transporting the same, and putting it up in the distillery…
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APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendants as copartners, transacting business as distillers, to recover the price of a steam engine and boiler, with certain castings, mill gearing and other goods, wares and machinery sold and delivered to the defendants j and for work and labor done by the plaintiff upon said steam engine, boiler, castings, &c.; and in transporting the same, and putting it up in the distillery of the defendants. The plaintiff claimed to recover the sum of $1512.99. The defendants, in their fourth answer, alleged…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The chief point presented upon this appeal arises upon the exception to the decision of the referee, overruling the proof offered by the defendants in support of the counter-claim set up in their 4th answer. It appears from the answer and reply, that all the matters in controversy between these parties, except so far as relates to this counter-claim, were mutually submitted to arbitration ; that arbitration bonds in the penal sum of $1000 were mutually executed and delivered, to abide the decision of the arbitrator; that the parties appeared before the…
2Cases cited3 opinions
- Allen v. WatsonNew York Supreme Court · 1819
- Campbell v. Doe Ex Dem. Trustees & Treasurer of Original Surveyed TownshipSupreme Court of the United States · 1852
- Denise v. RugglesSupreme Court of the United States · 1854
3Cited by2 opinions
- Kamerick v. CastlemanMissouri Court of Appeals · 1886
- Heath v. President of Gold ExchangeNew York Court of Common Pleas · 1869