Legal Opinion

In Re the Arbitration Between Bullard & Morgan H. Grace Co.

New York Court of Appeals

Decided July 15, 1925PublishedCited by 54 opinions

1Opinion of the CourtPound, J.

A preliminary question involved in this appeal is as follows: When a submission to arbitration by three arbitrators has been entered into pursuant to the terms of a contract to settle all disputes thereunder by arbitration and one of the arbitrators formally withdraws and refuses to take part therein before all the proofs of the parties have been heard, may two arbitrators proceed with the hearing and make a valid award?

Civil Practice Act, section 1453, provides: “ * * * All the arbitrators selected as prescribed in this article must meet together and hear all the allegations and proofs of…

2Cases cited4 opinions

  1. Stefano Berizzi Co. v. KrauszNew York Court of Appeals · 1925
  2. Matter of A.E. Fire Ins. Co. v. N.J. Ins. Co.New York Court of Appeals · 1925
  3. Bulson v. . LohnesNew York Court of Appeals · 1864
  4. Crofoot v. AllenNew York Supreme Court · 1829

3Cited by54 opinions

  1. Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
  2. Kentucky River Mills v. JacksonCourt of Appeals for the Sixth Circuit · 1953
  3. In Re the Arbitration Between Albrecht Chemical Co. & Anderson Trading Corp.New York Court of Appeals · 1949
  4. Matter of Kahn (National City Bank)New York Court of Appeals · 1940
  5. In re the Arbitration between American Eagle Fire Insurance & New Jersey InsuranceNew York Court of Appeals · 1925

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