Burnside v. . Whitney
New York Court of Appeals
Appeal from the Supreme Court. Action on an award made pursuant to a submission under seal. The award required the defendant to pay the plaintiff $56.50 within three days after its date. By the submission the parties agreed that a judgment in the County Court of the county of Otsego might be rendered upon the award.
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Appeal from the Supreme Court. Action on an award made pursuant to a submission under seal. The award required the defendant to pay the plaintiff $56.50 within three days after its date. By the submission the parties agreed that a judgment in the County Court of the county of Otsego might be rendered upon the award. The. defence set up was that the action was brought before any term of the Otsego County Court had been held, subsequent to the making of the award, and that no judgment of that court had been obtained or sought for by the plaintiff. The judge before whom the case was tried…
1Opinion of the CourtBenio, J.
It. has been often held that the statute, prescribing certain forms for submission to arbitrators, and allowing the parties to agree that a judgment of a court of record, designated in the instrument of submission, should be rendered upon the award,was cumulative merely, not exclusive; and that an award pursuant to a submission which would have been valid at common law, but which did not conform to the statute, would support an action. (Browning v. Wheeler, 24 Wend., 258; Diedrick v. Pickley, 2 Hill, 271, and note.) Those cases accord with a general principle in the exposition of statutes…
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- Dore v. Southern Pac. Co.California Supreme Court · 1912
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- Matter of LangslowNew York Court of Appeals · 1901
- Miller v. BrumbaughSupreme Court of Kansas · 1871
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