Elmendorf v. Harris
New York Supreme Court
Error from the New-York common pleas. Elmendorf was the surety of one Taylor to an arbitration bond entered into by him with Harris, to abide the award of two arbitrators to be made by a certain day, and if they could not agree and determine and make their award, then to abide the award of an umpire, to be chosen by the arbitrators. Previous to the time limited for the making of the award by the arbitrators, they appointed by paroi an umpire.
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Error from the New-York common pleas. Elmendorf was the surety of one Taylor to an arbitration bond entered into by him with Harris, to abide the award of two arbitrators to be made by a certain day, and if they could not agree and determine and make their award, then to abide the award of an umpire, to be chosen by the arbitrators. Previous to the time limited for the making of the award by the arbitrators, they appointed by paroi an umpire. Subsequently one of the arbitrators wholly refused to act, and the umpire proceeded to the examination of the plaintiff’s boobs, heard the testimony of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Although the submission was under seal, no direction was given to the arbitrators as to the manner of appointing the umpire; and no adjudged case has been shewn requiring the appointment to be under seal or even in writing. Caldwell on Arbitrations, 42, sajTs,. “ It seems there should be a formal written appointment of the umpire ; the most usual way is by an endorsement made by the arbitrators upon the instrument of submission.” He refers to Still v. Halford, 4 Campb. 17, where evidence of the umpire acting with the arbitrators, and the recitals in the award, were…
2Cited by16 opinions
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- Norton v. GaleIllinois Supreme Court · 1880
- Garr v. GomezCourt for the Trial of Impeachments and Correction of Errors · 1832
- Kaiser v. Hamburg-Bremen Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Robertson v. M'NielNew York Supreme Court · 1834
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