Strang v. Ferguson
New York Supreme Court
THIS was an action of debt on an arbitration bond, containing a general submission “ of all and all manner of action and actions, cause and causes of action, &c« quarrels, controversies, &c. at any time heretofore had, &c. or depending by and between the said parties.’’. The arbitrators awarded the costs of two suits between the parties, to be paid by the defendant to the plaintiff, and “also, that the said, Ferguson pay to the said Strang all the legal costs of the…
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THIS was an action of debt on an arbitration bond, containing a general submission “ of all and all manner of action and actions, cause and causes of action, &c« quarrels, controversies, &c. at any time heretofore had, &c. or depending by and between the said parties.’’. The arbitrators awarded the costs of two suits between the parties, to be paid by the defendant to the plaintiff, and “also, that the said, Ferguson pay to the said Strang all the legal costs of the arbitration between the said parties, in-elusive of the charges of the arbitrators for their services.’5 The defendant admitted…
1Per curiam
The only question in this case is, whether the-arbitrators had any authority to award concerning the costs, of the arbitration. The submission is general; no express authority is given on the subject of costs. It is said by Kyd, in his Treatise on Azoards, (p. 100,) that an opinion long prevailed* that, *162under a submission in the common form, arbitrators had no power with respect to the costs of the arbitration, because they were something that had arisen since the time of the submission; and many old cases are referred to in support of that principle. It seems, however, to be now det~rmined,…
2Cited by14 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Cox v. JaggerNew York Supreme Court · 1824
- Dickerson v. TynerIndiana Supreme Court · 1837
- In re the award between the Trustees of the Village of Amsterdam & VanderveerNew York Supreme Court · 1847
- Gordon v. TuckerSupreme Judicial Court of Maine · 1830
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