Legal Opinion
In re Amsterdam Dispatch, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1938PublishedCited by 6 opinions
1Per curiam
The contract provides that “ Should any difference arise between employer and employee, the same shall be submitted to arbitration by both parties; failing to agree they shall mutually appoint an umpire, whose decision shall be final.”
However desirable arbitration might be under these provisions to determine matters concerning which the parties have not agreed and thereby to create a contract which they have not made, it is not authorized by our statute. (Matter of Buffalo & Erie R. Co., 250 N. Y. 275; Matter of Fletcher, 237 id. 440.) Furthermore, these arbitration provisions when read with…
2Cases cited1 opinion
- In Re Buffalo & Erie Railway Co.New York Court of Appeals · 1929
3Cited by6 opinions
- Pari-Mutuel Employees' Guild v. Los Angeles Turf Club, Inc.California Court of Appeal · 1959
- Renis Fabrics Corp. v. Millworth Converting Corp.New York Supreme Court · 1960
- In re the Arbitration between General Electric Co. & United Electrical, Radio & Machine Workers of AmericaNew York Supreme Court · 1949
- Universal American Corporation v. SS Hoegh DrakeDistrict Court, S.D. New York · 1966
- In re Arbitration between American Federation & Allied Mills, Inc.New York Supreme Court · 1949
1 more not listed; retrieve them via the Exa API.