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Matter of Horowitz v. Kaplan

Court of Appeals of the State of New York
May 1, 1928
162 N.E. 519 (N.Y. 1928)

Summary

In Matter of Horowitz v. Kaplan (248 N.Y. 547) an award was set aside on the ground that the arbitrators independently caused an examination to be made of the merchandise involved, which constituted a misconduct requiring the annulment of the award.

Summary of this case from Matter of Dukraft Co.

Opinion

Submitted April 10, 1928

Decided May 1, 1928

Appeal from the Supreme Court, Appellate Division, First Department.

Jonah J. Goldstein and Thomas G. Frost for appellants.

Moses Jaffe for respondents.


Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the authority of Flannery v. Sahagian ( 134 N.Y. 85) and Hinkle v. Zimmerman ( 184 N.Y. 114).

Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.


Summaries of

Matter of Horowitz v. Kaplan

Court of Appeals of the State of New York
May 1, 1928
162 N.E. 519 (N.Y. 1928)

In Matter of Horowitz v. Kaplan (248 N.Y. 547) an award was set aside on the ground that the arbitrators independently caused an examination to be made of the merchandise involved, which constituted a misconduct requiring the annulment of the award.

Summary of this case from Matter of Dukraft Co.
Case details for

Matter of Horowitz v. Kaplan

Case Details

Full title:In the Matter of SAMUEL HOROWITZ et al., Copartners under the Firm Name of…

Court:Court of Appeals of the State of New York

Date published: May 1, 1928

Citations

162 N.E. 519 (N.Y. 1928)
162 N.E. 519

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