Butler v. Mayor of New York

Court for the Trial of Impeachments and Correction of Errors

Butler v. Mayor of New York

1 Lock. Rev. Cas. 29

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 29 (Butler v. Mayor of New York) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. Mayor of New York, 1 Lock. Rev. Cas. 29 (N.Y. Super. Ct. 1799).

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Opinion

The Court of Errors held, this parol evidence was admissible to invalidate the award, by showing that the arbitrators exceeded their powers, though the submission and award are in writing, and under seal; and that the rule being the same in this respect, both at law and in equity, the plaintiff might thus on the trial at law, impeach the award, which was set up to defeat his recovering.

They also held, that such an excess of the arbitrators beyond the limits of the submission, would avoid the award.

Judgment reversed, 13 to 1.

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The Court of Errors held, this parol evidence was admissible to invalidate the award, by showing that the arbitrators exceeded their powers, though the submission and award are in writing, and under seal; and that the rule being the same in this respect, both at law and in equity, the plaintiff might thus on the trial at law, impeach the award, which was set up to defeat his recovering.

They also held, that such an excess of the arbitrators beyond the limits of the submission, would avoid the award.

Judgment reversed, 13 to 1.

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Bluebook (online)

1 Lock. Rev. Cas. 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-mayor-of-new-york-nycterr-1799.