Ott v. . Schroeppel
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fifth district, where judgment had been entered in favor of the defendant, upon a special verdict. (Reported below, 7 Barb. 431.) *This was an action of debt, brought by the administrators of Edward Ott, deceased, upon an award.
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Appeal from the general term of the Supreme Court, in the fifth district, where judgment had been entered in favor of the defendant, upon a special verdict. (Reported below, 7 Barb. 431.) *This was an action of debt, brought by the administrators of Edward Ott, deceased, upon an award. The case first came before the supreme court, upon demurrers by the plaintiff to the defendant’s 3d, 4th and 6th pleas, and by the defendant to the replications to the 2d and 5th pleas; the court sustained certain of the demurrers and overruled the others, with leave to amend, on payments of costs. (3 Barb.…
1Opinion of the CourtPaige, J.
It is objected by the defendant, that the arbitrators have not determined how much was actually paid on the contract between the defendant and Edward and Joseph Ott — a matter specially submitted to their decision — and that the omission to make a determination as to this matter, vitiates the whole award. It is insisted, that the indorsement on the contract is not an award; and, if an award, that it is radically defective, because it does not contain an adjudication of how much had been paid on the contract, up to the date of the bonds of submission.
I think, the indorsement on the contract…
2Cases cited7 opinions
- Karthaus v. Yllas Y FerrerSupreme Court of the United States · 1828
- Curtis v. . GokeyNew York Court of Appeals · 1877
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
- Fidler v. CooperNew York Supreme Court · 1838
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3Cited by9 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- In re the Arbitration between Guetta & Raxon Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Schoolnick v. FinmanSupreme Court of Connecticut · 1928
- Jensen v. Deep Creek Farm & Live Stock Co.Utah Supreme Court · 1903
- In re the Arbitration between Garnett & KassoverAppellate Division of the Supreme Court of the State of New York · 1959
4 more not listed; retrieve them via the Exa API.