Becker v. . Boon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendants entered upon the report of a referee and granting a new trial. The complaint in this action contained two counts; the first for an alleged balance due upon account from defendants, as copartners; the second setting forth an arbitration between the parties, and an award in favor of plaintiff for the sum of fifty-two dollars and forty cents, and one year’s interest. The answer contained: First. A general denial. Second. An arbitration and award substantially…
1Dissent
Dwight, C. (dissenting).
The first question to be considered in this cause is the validity of an award. The defendants had been partners in business and had had dealings with the plaintiff. Prior to February, 1869, the partnership was dissolved, and Stephen Boon became the owner of the partnership assets and assumed its debts and liabilities. On February second he submitted a controversy between him and the plaintiff, growing out of the partnership dealings, to arbitration. On November 1st, 1869, the arbitrators made an award as follows : “ Due L. Becker, fifty-two and forty one-hundredths…
2Cases cited5 opinions
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- Brown v. DysingerSupreme Court of Pennsylvania · 1829
- Shepherd v. WysongWest Virginia Supreme Court · 1868
- Roosevelt v. New York & Harlem RailroadNew York Supreme Court · 1866
- Harrington v. HighamNew York Supreme Court · 1853