Legal Opinion

In re the award between Williams & Goodrich

New York Supreme Court

Decided January 15, 1847PublishedCited by 6 opinions

Motion by Goodrich to vacate an award. The submission was by mutual bonds—one by Goodrich and The Glendale Company to S. & J. S. Williams; and the other by S. & J. S. Williams to Goodrich and The Glendale Company.

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Motion by Goodrich to vacate an award. The submission was by mutual bonds—one by Goodrich and The Glendale Company to S. & J. S. Williams; and the other by S. & J. S. Williams to Goodrich and The Glendale Company. The condition was, to submit to the decision of certain persons “ named, selected and chosen arbitrators as well by and on the part and behalf of the said John Z. Goodrich, and The Glendale Company, and the said John Z. Goodrich as representing the late Glendale Mills; as of the said John S. Williams and Samuel Williams, between whom a controversy exists, to hear all the proofs and…

1Opinion of the Court

By the Court, Bronson, Ch. J.

When the parties have agreed in their written submission, that a judgment of this court shall be rendered upon the award, we have power, upon motion, to vacate the award, on the grounds, among others, that the arbitrators exceeded their powers; or that they so imperfectly executed them, that a mutual, final and definite award on the subject matter submitted, was not made. (2 R. S. 542, § 10.) But the statute has not determined whether, in settling these questions, we are confined to an examination of the submission and award; or whether we can go beyond them, and…

2Cases cited2 opinions

  1. Barlow v. ToddNew York Supreme Court · 1808
  2. De Long v. StantonNew York Supreme Court · 1812

3Cited by6 opinions

  1. Dodds v. . HakesNew York Court of Appeals · 1889
  2. White v. CulverSupreme Court of Minnesota · 1865
  3. French v. NewNew York Supreme Court · 1855
  4. Briggs v. SmithNew York Supreme Court · 1854
  5. Borrowe v. MilbankThe Superior Court of New York City · 1857

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