Harrington v. Higham
New York Supreme Court
This action was founded upon an award of arbitrators. The defendants were general partners, in the manufacture of car wheels, &c. under the firm name of “ Higham & Co.” Higham was the acting member, the other partners composed another firm and were engaged in business in another part of the city of Utica. The submission was by simple agreement executed by Higham in the name of the firm.
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This action was founded upon an award of arbitrators. The defendants were general partners, in the manufacture of car wheels, &c. under the firm name of “ Higham & Co.” Higham was the acting member, the other partners composed another firm and were engaged in business in another part of the city of Utica. The submission was by simple agreement executed by Higham in the name of the firm. There was no proof in the case showing that Sanger and Benedict, or either of them, ever consented to, or ratified, the arbitration. The submission was in the usual form, to ascertain how much was due from the…
1Opinion of the Court
By the Court, Hubbard, J.
The leading question to be decided is, as to the validity of the award, to bind the defendants Sanger and Benedict. I think the learned justice at the circuit erred in holding it valid. The rule of law, it seems to me is, that one of several partners in a trading firm has no implied power or authority, arising from the partnership relation, to refer to arbitration any partnership interest or controversy. The principle is universal in its application, unaffected by the question whether the submission is by simple agreement or by specialty. The reasons on which the rule…
2Cases cited5 opinions
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