Hiscock v. . Harris
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, striking out a clause in a judgment entered herein on remittitur from this court. The clause struck out is set forth in the opinion, wherein, also, all the. material facts are stated. The defendants were entitled to an affirmative judgment.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, striking out a clause in a judgment entered herein on remittitur from this court. The clause struck out is set forth in the opinion, wherein, also, all the. material facts are stated. The defendants were entitled to an affirmative judgment. (Davidson v. Remington, 12 How., 310; Wolf v. H., 13 id., 84; Seman v. Trull, 13 id., 248; Curtis v. Horton, 30 Barb., 225; 16 How,, 576, note; Lanman v. Lewiston R. R. Co., 18 N. Y., 493; Hutchings v. Van Brunt, 38 id., 335;…
1Opinion of the CourtEael, J.
The plaintiffs sued the defendants upon an award to recover the sum of $3,000 awardfed to them by arbitrators chosen by the parties. The sum thus claimed was an item only in the award, as there were other matters acted upon by the arbitrators. The defendants appeared in the action and answered, alleging, among other things, that the arbitrators exceeded their jurisdiction; that the award was void upon its face, and that it was corruptly and fraudulently made and published by the procurement of the plaintiffs, and therefore void, and that it was invalid for other ■ reasons stated; and the…
2Cases cited1 opinion
- Lanman v. . the Lewiston Railroad CompanyNew York Court of Appeals · 1859
3Cited by11 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
- Tai On Luck Corp. v. CirotaAppellate Division of the Supreme Court of the State of New York · 1970
- Harris v. . HiscockNew York Court of Appeals · 1883
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