Garvey v. Carey
The Superior Court of New York City
Demurrer to an answer. This action was brought to recover upon an award of arbitrators. The submission was, “ to settle all accounts and differences between said Carey and Garvey growing out of and relating to five certain buildings erected on the southwest corner of Fiftieth-street and Sixth-avenue, in the city of Hew York"; said settlement to be governed and founded on a certain agreement made and entered into by and between said Carey and Garvey, bearing date January 23,…
Read the full summary
Demurrer to an answer. This action was brought to recover upon an award of arbitrators. The submission was, “ to settle all accounts and differences between said Carey and Garvey growing out of and relating to five certain buildings erected on the southwest corner of Fiftieth-street and Sixth-avenue, in the city of Hew York"; said settlement to be governed and founded on a certain agreement made and entered into by and between said Carey and Garvey, bearing date January 23, 1867.” Upon this submission, the arbitrators made an award, “that John Garvey is entitled to receive from John G. Carey…
1Opinion of the CourtMonell, J.
The answer in this case is, I think, sufficient both in substance and in form. The defendant seeks to avoid the award on two grounds—namely, misconduct on the part of the arbitrators, and mistake in ascertaining the amount due from the defendant to plaintiff. Such grounds were always sufficient, in equity, to' vacate and annul an award (Herrick v. Blair, 1 Johns. Ch., 101; Van Cortlandt v. Underhill, 1 Johns., 405 ; Bouck v. Wilber, 4 Johns. Ch., 405; Knox v. Symmonds, 1 Ves., 369; Corneforth v. Geer, 2 Vern., 705), and may now be set *161up as a defense to an action upon the award (Dobson v.…
2Cases cited3 opinions
- Herrick v. BlairNew York Court of Chancery · 1814
- Bouck v. WilberNew York Court of Chancery · 1820
- Franklin v. Low & SwartwoutNew York Supreme Court · 1806
3Cited by3 opinions
- Filley v. FassettSupreme Court of Missouri · 1869
- Cohn v. WemmeOregon Supreme Court · 1905
- Remington Paper Co. v. London Assurance Corp.Appellate Division of the Supreme Court of the State of New York · 1896