Day v. . Hammond
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. This action was brought upon an award. The submission was in writing under seal.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. This action was brought upon an award. The submission was in writing under seal. Its substance was, that the parties had agreed. to submit certain matters in dispute to the arbitration and decision of E. G. Tifft and E. L. Southwick; in case they could not agree, they were to “ call in” some disinterested third man, and the decision of any two of them was to be binding and final. “ Said arbitrators…
1Opinion of the Court
Dwight, C.
This is an action of debt upon an award of arbitrators.
The answer of the defendant sets forth the submission papers. These provide for a submission "of matters in controversy between the parties to two persons, aud in case they cannot agree- they are to “.call in” some disinterested third man and the decision of any two of them was declared to be binding or final. The arbitrators were to give the parties six days’ notice of the time and place' of hearing. The answer further states that the two arbitrators appointed by the parties lender the submission failed to agree and that one…
2Cases cited13 opinions
- Howard v. . SextonNew York Court of Appeals · 1850
- Elmendore v. HarrisCourt for the Trial of Impeachments and Correction of Errors · 1840
- Howard v. SextonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bulson v. . LohnesNew York Court of Appeals · 1864
- Woodrow v. O'ConnerSupreme Court of Vermont · 1856
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3Cited by23 opinions
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- Curtis v. City of SacramentoCalifornia Supreme Court · 1883
- Seldner Corporation v. WR Grace & Co.District Court, D. Maryland · 1938
- Pardridge v. RyanIllinois Supreme Court · 1890
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