Miller v. . the President of Junction Canal Co.
New York Court of Appeals
Appeal from judgment for the plaintiff upon the decision of a judge without jury, affirmed in General Term of the Supreme Court in the sixth district.
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Appeal from judgment for the plaintiff upon the decision of a judge without jury, affirmed in General Term of the Supreme Court in the sixth district. The action is brought to recover the expenses incurred by John G. Warren (the testator), in certain proceedings had pursuant to the provisions of the charter of the defendant, for the determination of the price to be paid to him for cer tain lands, required for the use of the defendants, for the construction, maintenance, &c., of their canal and the works connected therewith. The ground upon which the recovery was had is, that those proceedings…
1Opinion of the CourtDaniels, J.
By the agreement which was made, selecting the three persons named in it to assess and determine the compensation to be paid by the defendant to the testator, it was clearly implied that the dispute existing between the parties on that subject, should be submitted to them for their decision; and even though no power was reserved in it, and created by the statute, for its revocation, it was too late for the defendant to deny its existence, after it had not only asserted the existence of that power, but, in addition to that, had accomplished the object for which that assertion had been made. By…
2Cited by2 opinions
- Coleman v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Ralph v. BrickellNew York Supreme Court · 1889