Todd v. Barlow
New York Court of Chancery
BILL for a discovery and account, and for an injunction to restrain the defendant from proceeding at law on an award, &c.
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BILL for a discovery and account, and for an injunction to restrain the defendant from proceeding at law on an award, &c. The grounds stated, were, 1. That the award was not final, because the arbitrators, at the time of executing their award, reserved the question as to a certain note of 375 dollars and 40 cents, and refused to make up their award, unless the defendant agreed that in case the plaintiff, in 90 days, should produce proof to the arbitrators of the payment of the note to W. B., deceased, in his lifetime, and had applied it to his own use, he would deduct the same from the amount…
1Opinion of the Court
The Chancellor.
Neither of the grounds taken by the plaintiff's counsel upon the argument are sufficient to entitle him to relief the award.
1. There is no charge of corruption, partiality, or undue practice in the arbitrators. But it is alleged that the award is not final, inasmuch as one of the arbitrators states, in his testimony, “ that the arbitrators did make their award, upon the matters submitted to them, absolute, reserving for their future determination a question relating to a certain note made by Allen Of Howardand inasmuch as Barlow, one of the defendants, on the day of the date of…
2Cases cited1 opinion
- Smith v. LowryNew York Court of Chancery · 1814
3Cited by7 opinions
- Brewer v. BainSupreme Court of Alabama · 1877
- Insurance Co. of North America v. HegewaldIndiana Supreme Court · 1903
- Burroughs v. DavidSupreme Court of Iowa · 1858
- Bradshaw v. Agricultural InsuranceNew York Supreme Court · 1891
- Farnam v. BarnumNew York Supreme Court · 1885
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