Goerke Kirch Holding Co. v. Goerke Kirch Co.

The facts of this case are outlined in the opinion filed in Goerke Kirch Co. v. Goerke Kirch Holding Co., 118 N. J. Eq. 1.

The contention advanced by appellant is that “the arbitration and award * * * having failed, through no fault of its own, but because of the misconduct of the arbitrators,” it was within the jurisdiction of the Union County Circuit Court, by virtue of the act relating to arbitration and awards (Pamph. L. 1923, p. 291), and the agreement of the parties, to direct the parties to proceed to arbitration anew.

Mr. Justice Case ruled, on certiorari, that the arbitrators, “having…