E. Arthur Tutein, Inc. v. Hudson Valley Coke & Products Corp.

New York Court of Appeals

E. Arthur Tutein, Inc. v. Hudson Valley Coke & Products Corp.

162 N.E. 592, 249 N.Y. 84, 1928 N.Y. LEXIS 764

DecidedJuly 19, 1928

StatusPublished

This text of 162 N.E. 592 (E. Arthur Tutein, Inc. v. Hudson Valley Coke & Products Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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E. Arthur Tutein, Inc. v. Hudson Valley Coke & Products Corp., 162 N.E. 592, 249 N.Y. 84, 1928 N.Y. LEXIS 764 (N.Y. 1928).

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Opinion

Per Curiam.

Under the contract between the parties, upon the refusal of Mr. Schulte to act as third arbitrator, before any evidence was produced, Mr. Schwab was empowered to name another to serve in his place. The orders should be reversed, with costs in all courts; the first question certified answered in the affirmative and the second and third questions in the negative.

■ Cardozo, Ch. J., Andrews, Lehman, Kellogg and O’Brien, JJ., concur; Pound, J., dissents; Crane, J., not sitting.

Ordered accordingly.

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Per Curiam.

Under the contract between the parties, upon the refusal of Mr. Schulte to act as third arbitrator, before any evidence was produced, Mr. Schwab was empowered to name another to serve in his place. The orders should be reversed, with costs in all courts; the first question certified answered in the affirmative and the second and third questions in the negative.

■ Cardozo, Ch. J., Andrews, Lehman, Kellogg and O’Brien, JJ., concur; Pound, J., dissents; Crane, J., not sitting.

Ordered accordingly.

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Bluebook (online)

162 N.E. 592, 249 N.Y. 84, 1928 N.Y. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-arthur-tutein-inc-v-hudson-valley-coke-products-corp-ny-1928.