Legal Opinion

Matter of Huxley

New York Court of Appeals

Decided April 12, 1945PublishedCited by 25 opinions

1Opinion of the CourtLoughran, J.

Transactions in respect of a sale of merchandise are the subject matter of the controversy. The parties are the seller and the buyer. The dispute concerns the quality of the goods. The present proceeding is one which the seller brought for a stay against a demand by the buyer for arbitration of their differences. Whether there exists a valid antecedent contract for arbitration thereof is the question for decision. After trial at an Equity Term, the court found that no such agreement was in force and thereupon the seller’s application for a stay was granted. In that disposition of the matter,…

2Cases cited5 opinions

  1. Matter of Tanenbaum Textile Co. v. SchlangerNew York Court of Appeals · 1942
  2. Remick v. SandfordMassachusetts Supreme Judicial Court · 1875
  3. Newberry v. . WallNew York Court of Appeals · 1881
  4. Childs v. C. E. Riley Co.Appellate Division of the Supreme Court of the State of New York · 1919
  5. In Re the Accounting of BergmanNew York Court of Appeals · 1942

3Cited by25 opinions

  1. Rabouin v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1952
  2. People v. JacobyNew York Court of Appeals · 1952
  3. Carolina Throwing Company, Inc. v. S & E Novelty Corporation and Rome Knitting MillsCourt of Appeals for the Fourth Circuit · 1971
  4. Armour & Co. v. CelicCourt of Appeals for the Second Circuit · 1961
  5. In Re the Arbitration Between Morris White Fashions, Inc. & Susquehanna Mills, Inc.New York Court of Appeals · 1946

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