Perkins v. . Giles
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment of Special Term entered upon an order dismissing plaintiff’s complaint. The action was to vacate and set aside an award. The case is reported below, 53 Barb., 342. The facts pertinent to the questions here discussed are sufficiently set forth in the opinion. An award, to be valid, must be certain and final.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment of Special Term entered upon an order dismissing plaintiff’s complaint. The action was to vacate and set aside an award. The case is reported below, 53 Barb., 342. The facts pertinent to the questions here discussed are sufficiently set forth in the opinion. An award, to be valid, must be certain and final. (Kyd on Awards, 124, 128, 194, 196, 197; Caldwell on Arb., 243; Schuyler v. Vanderwater, 2 Caines, 235; Pope v. Brett, 2 Saund., 292; Bedan v. Clarkson, 1 Ld. Raym., 124;…
1Opinion of the CourtPeckham, J.
This action seeks to set aside an award made between these parties.
The pleadings show that the plaintiff owned a saw-mill upon a stream, and the defendants a grist-mill below; that there was, at different times, a scarcity of water for the mills, arising not only from the small size of the stream but from the pond being tilled up with foreign matters. Hence, many controversies arose and lawsuits were instituted, and two at least were pending between these parties when the submission was executed upon which the award was made.
The rights of the parties, so far as involved in this suit, are…
2Cases cited3 opinions
- Wood v. . the Auburn and Rochester R.R. Co.New York Court of Appeals · 1853
- Winship v. JewettNew York Court of Chancery · 1845
- Akely v. AkelySupreme Court of Vermont · 1844
3Cited by30 opinions
- Lentine v. FundaroNew York Court of Appeals · 1972
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Matter of WilkinsNew York Court of Appeals · 1902
- Sweet v. . MorrisonNew York Court of Appeals · 1889
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