President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.
New York Court of Appeals
This case comes up on cross-appeals by the respective parties from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of the plaintiffs, entered upon the report of a referee.
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This case comes up on cross-appeals by the respective parties from a judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of the plaintiffs, entered upon the report of a referee. The action was brought to recover a sum alleged to be due from the defendant for additional toll, chargeable and collectible upon coal of the defendant transported over the plaintiffs’ canal, after it had been enlarged, and to fix a permanent toll, to be charged and -collected upon all of the defendant’s coal transported after such enlargement. The…
1Opinion of the CourtAllen, J.
It appears to be well settled by authority that 'an agreement to refer all matters of difference or dispute that may arise to arbitration, will not oust a court of law or equity of jurisdiction. The reason of the rule is by some traced to the jealousy of the courts, and a desire to repress all attempts to encroach on the exclusiveness of their jurisdiction; and by others to an aversion of the courts, from reasons of public policy, to sanction contracts by which the protection which the law affords the individual citizens is renounced. An agreement of this character induced by fraud, or…
2Cases cited6 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- United States v. RobesonSupreme Court of the United States · 1835
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Hurst v. . LitchfieldNew York Court of Appeals · 1868
- Smith v. BriggsNew York Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- Scottish Union & National Insurance v. ClancyTexas Supreme Court · 1888
- Sweet v. . MorrisonNew York Court of Appeals · 1889
104 more not listed; retrieve them via the Exa API.