Dibble v. Camp
New York Supreme Court
Appeal from a judgment. Calvin B. Dibble, Barzilla G. Worth, and George M. Dewey, entered into an agreement with Calvin B. Camp, by which the former agreed to sell the latter a quantity of cotton. A part of the cotton having been destroyed by fire, while the process of delivery was going on, a controversy arose as to whether the delivery was complete, and entitled the sellers to full payment.
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Appeal from a judgment. Calvin B. Dibble, Barzilla G. Worth, and George M. Dewey, entered into an agreement with Calvin B. Camp, by which the former agreed to sell the latter a quantity of cotton. A part of the cotton having been destroyed by fire, while the process of delivery was going on, a controversy arose as to whether the delivery was complete, and entitled the sellers to full payment. These matters of difference were submitted by them to arbitrators by mutual bonds, under the provisions of the Revised Statutes, stipulating that judgment might be rendered in the supreme court, upon the…
1Opinion of the Court
By the Court.—Ingraham, P. J.
We are all of the opinion that this judgment must be affirmed. If the plaintiff feels aggrieved at the award, his only remedy is to move the court at special term, either for an order modifying the award, or for an order vacating it; and upon the grounds and in the manner provided by the Revised Statutes. It is conceded by the *96counsel for the appellant, that he has no statutory grounds for such a motion. He is therefore concluded by the judgment, which can only be reviewed by a writ of error; and he has no right to make a case and appeal thereon, for the purpose…
2Cited by1 opinion
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