Legal Opinion
In re the Arbitration between Levy & Hirsch
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1946Published
1Opinion of the CourtDore, J.
Petitioner appeals from an order denying his motion for a stay of arbitration. The principal issue presented is whether petitioner has shown facts sufficient to require a preliminary trial by jury as to the factum of the agreement to arbitrate.
The record establishes that petitioner was a businessman of experience and competence trading, on a very large scale, in commodities on margin through respondents, his brokers. By July, 1946,. petitioner’s account and the account respondents say he guaranteed were committed on margin for the purchase of $2,000,000- of commodities including an aggregate…
2Cases cited8 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Amend v. HurleyNew York Court of Appeals · 1944
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
- In Re the Estate of StoneNew York Court of Appeals · 1936
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