Fudickar v. Guardian Mutual Life Insurance
The Superior Court of New York City
Appeal by plaintiff from judgment of dismissal, entered oma decision made on a trial by the court without a jury. This action was tried at special term by the court without a jury, and the trial resulted in a dismissal of the complaint. From the judgment of dismissal the plaintiff appeals. * The action is to set aside the award of an arbitrator, to whom were submitted all controversies between the plaintiff and defendant.
Read the full summary
Appeal by plaintiff from judgment of dismissal, entered oma decision made on a trial by the court without a jury. This action was tried at special term by the court without a jury, and the trial resulted in a dismissal of the complaint. From the judgment of dismissal the plaintiff appeals. * The action is to set aside the award of an arbitrator, to whom were submitted all controversies between the plaintiff and defendant. The award of the arbitrator was contained in a long document, made by him. He did not confine himself to a statement of his decision as to the rights of the contestants ;…
1Opinion of the Court
By the Court.—Sedgwick, J.
The various alleged errors will be considered in their order.
As to the first.
The arbitrator no doubt did, in the prefatory part of the paper, which contained the award, discuss such matters, and did find that, in respect of them, the plaintiff was in fault. No doubt they influenced his mind in making Ms decision. But the plaintiff must show that he had no right to consider them. All the presumptions are in favor of the award. There was an omission to show all the facts that were before the arbitrator. If evidence were given that, after the making of the contract, the…
2Cases cited5 opinions
- Smith v. CutlerNew York Supreme Court · 1833
- Wood v. . the Auburn and Rochester R.R. Co.New York Court of Appeals · 1853
- Herrick v. BlairNew York Court of Chancery · 1814
- Toppan v. HeathNew York Court of Chancery · 1828
- Turnbull v. MartinNew York Court of Common Pleas · 1869