Smith v. Cutler
New York Supreme Court
This was a motion to vacate or modify an award of arbitrators made on the ninth day of August last. The award was against Smith, who gave notice of a motion to vacate or modify, to be made at the last general term, i. e. the October term. Cutler obtained a rule for costs for appearing to oppose, the court refusing to hear the motion at the general term, it being non-enumeraled business.
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This was a motion to vacate or modify an award of arbitrators made on the ninth day of August last. The award was against Smith, who gave notice of a motion to vacate or modify, to be made at the last general term, i. e. the October term. Cutler obtained a rule for costs for appearing to oppose, the court refusing to hear the motion at the general term, it being non-enumeraled business. Smith renewed his motion at this da)r, and it was now objected by Cutler that the court could not entertain jurisdiction of the case, as the statute required that the application should bo made at the next…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The court have power to vacate an award, 1. If procured by corruption, fraud, or other undue means; 2. If there was corruption in the arbitrators or either of them; 3. If the arbitrators were guilty of misconduct in refusing to postpone the hearing for good cause, or in refusing proper evidence, or other misbehaviour affecting the rights of either party; 4. If the arbitrators exceeded their powers, or the award is not final; and the court have power to modify the award, 1. Where there is an evident miscalculation of figures, &c.; 2. Where the arbitrators have…
2Cited by15 opinions
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