Farrington v. Hamblin
New York Supreme Court
The plaintiff commenced a suit by the filing and service of a declaration on a contract for the clearing of land. After the cause was at issue, the parties entered into arbitration bonds, reciting the pendency of the suit and that they had agreed to refer and submit the matter in controversy to the award of three individuals, naming them, chosen by the parties, that the matters in difference should be submitted to the arbitrators upon the allegations and proofs of the…
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The plaintiff commenced a suit by the filing and service of a declaration on a contract for the clearing of land. After the cause was at issue, the parties entered into arbitration bonds, reciting the pendency of the suit and that they had agreed to refer and submit the matter in controversy to the award of three individuals, naming them, chosen by the parties, that the matters in difference should be submitted to the arbitrators upon the allegations and proofs of the parties under the pleadings in the cause, and that judgment should be rendered upon the award of the arbitrators, or of any…
1Opinion of the Court
By the Court,
Savage, Ch. J.
This clearly was not a reference under the statute; no rule was entered referring the cause and appointing referees. The arbitrators were not officers of the court, but the judges of the parties’ own choosing. The court had no control over them, 1 Johns. 315, 492; 9 Cowen, 136; and but for the stipulation to enter judgment, the court would not entertain any motion in relation to the subject. But it may be said here as was said in Yates v. Russell, 17 Johns. R. 465 : the question is whether either party can be permitted to allege for error the entry of a rule for…
2Cited by7 opinions
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