Meacham v. Jamestown, Franklin & Clearfield Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1912, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term by which two issues of law were determined, as to which issues the action was severed under the provisions of section 973 of the Code of Civil Procedure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 2, 1912, affirming a judgment in favor of defendant entered upon a decision of the court at a Trial Term by which two issues of law were determined, as to which issues the action was severed under the provisions of section 973 of the Code of Civil Procedure. This action Was brought by the plaintiff to recover of defendant the sum of $30,079.29, claimed to be due plaintiff as assignee for certain work performed, and materials furnished, by the Thomas McNally Company, a…
1Opinion of the CourtHogan, J.
The trial justice held that the contract in question was to be wholly performed in the state of Pennsylvania, and the law' of that state holding the contract valid and enforceable governed its operation and effect, consequently the plaintiff could not succeed in this action for the reason that submission to arbitration was a valid condition precedent which had not been complied with.
The clause of the contract, quoted in the statement of facts, confers upon the engineer, the arbitrator, power to determine the effect of any stipulation of the contract and whether or not there has been a…
2Cases cited14 opinions
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- White v. . HowardNew York Court of Appeals · 1871
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Sweet v. . MorrisonNew York Court of Appeals · 1889
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3Cited by62 opinions
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- In re the Arbitration between Sprinzen & NombergNew York Court of Appeals · 1979
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
57 more not listed; retrieve them via the Exa API.