Dodds v. . Hakes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made June 30,1886, which affirmed a judgment of the County Court of Rensselaer county, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. Where award and submission are unambiguous you cannot go behind the face of the submission or award to attack it. (Cobb v. D. Mfg.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made June 30,1886, which affirmed a judgment of the County Court of Rensselaer county, entered upon an order nonsuiting plaintiff on trial. The nature of the action and the material facts are stated in the opinion. Where award and submission are unambiguous you cannot go behind the face of the submission or award to attack it. (Cobb v. D. Mfg. Co., 108 N. Y. 468; Doke v. James, 4 id. 568.) Damages from breaking up Dodds’ business and losing a good place for his business, were…
1Opinion of the CourtBbowh, J.
This appeal brings up for review the decision of the county judge of Rensselaer county, which dismissed the plaintiff’s complaint and gave judgment for the defendant. The action was upon an award made by arbitrators under a ■paroi submission of certain differences between the parties. It appeared that the defendant, in February, 1884, had leased to the plaintiff a certain store in the city of Troy for the term of one year beginning Hay 1, 1884. Defendant was unable to put plaintiff in possession of the store and a claim for damages being made, it was submitted to the arbitrators to decide,…
2Cases cited5 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Halstead v. . SeamanNew York Court of Appeals · 1880
- Briggs v. SmithNew York Supreme Court · 1854
- In re the award between Williams & GoodrichNew York Supreme Court · 1847
3Cited by41 opinions
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
- Randall-Smith, Inc. v. 43rd Street Estates Corp.New York Court of Appeals · 1966
- City of New York v. Pike Realty Corp.New York Court of Appeals · 1928
- Smitty's Super-Valu, Inc. v. PasqualettiCourt of Appeals of Arizona · 1974
- Friedland v. . MyersNew York Court of Appeals · 1893
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