Haggart v. . Morgan
New York Court of Appeals
*-A-p:p:bal from the general term of the Superior Court of the city of New York, where a motion for a new trial, made upon a bill of exceptions, had been denied, and judgment perfected upon a verdict in favor of the plaintiffs.
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*-A-p:p:bal from the general term of the Superior Court of the city of New York, where a motion for a new trial, made upon a bill of exceptions, had been denied, and judgment perfected upon a verdict in favor of the plaintiffs. (Reported below, 4 Sandf. 198.) This was an action of debt, brought in the supreme court, by Haggart and Dumas, against Jacob Brandegee, and E. D. and G. D. Morgan, his sureties, upon a bond, dated the 18th November 1847, given to release certain property which had been seized by the sheriff, under an attachment at the suit of the plaintiffs, against Brande-gee, as a…
1Opinion of the CourtGardiner, J.
The motion for a nonsuit was properly overruled. 1. Because the agreement to arbitrate only entitled the party to damages, but was no bar to an action. (Mitchell v. Harris, 2 Ves. Jr. 129, Sumner’s ed. and note; 8 T. R. 139; 2 Story’s Eq. §§ 1457-8.) 2. Because the arbitration clause in the building agreement between the plaintiffs and Brandegee, is limited to “ any dispute which should arise respecting the work or finish of the building.” The plaintiffs have brought their action, among other things, for the last instalment due on the completion of the work; this subject is not within the…
2Cases cited4 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- In re ThompsonNew York Supreme Court · 1828
- Staples v. . FairchildNew York Court of Appeals · 1849
- Burrill v. JewettThe Superior Court of New York City · 1864
3Cited by48 opinions
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
- De Meli v. . De MeliNew York Court of Appeals · 1890
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- In Re the Arbitration Between Gantt & Felipe Y Carlos Hurtado & Cia., Ltda.New York Court of Appeals · 1948
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