Strang v. Ferguson

New York Supreme Court

Strang v. Ferguson

14 Johns. 161

CourtNew York Supreme Court

DecidedMay 15, 1817

StatusPublished

Cited by14 cases

This text of 14 Johns. 161 (Strang v. Ferguson) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strang v. Ferguson, 14 Johns. 161 (N.Y. Super. Ct. 1817).

Pincite

Opinion

Per Curiam.

The only question in this case is, whether the-arbitrators had any authority to award concerning the costs, of the arbitration. The submission is general; no express authority is given on the subject of costs. It is said by Kyd, in his Treatise on Azoards, (p. 100,) that an opinion long prevailed* that, [162]*162under a submission in the common form, arbitrators had no power with respect to the costs of the arbitration, because they were something that had arisen since the time of the submission; and many old cases are referred to in support of that principle. It seems, however, to be now det~rmined, that the power of awarding the costs of the arbitration, is necessarily incident to the authority contained in the general submission of the matters in dispute. (~ Term Rep. 644.) The plaintiIfls, therefore, entitled to judgment for 71 dollars and 20 cents, pursuant to the stipulation in the case.

Judgment for the plaintiff.

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Per Curiam.

The only question in this case is, whether the-arbitrators had any authority to award concerning the costs, of the arbitration. The submission is general; no express authority is given on the subject of costs. It is said by Kyd, in his Treatise on Azoards, (p. 100,) that an opinion long prevailed* that, [162]*162under a submission in the common form, arbitrators had no power with respect to the costs of the arbitration, because they were something that had arisen since the time of the submission; and many old cases are referred to in support of that principle. It seems, however, to be now det~rmined, that the power of awarding the costs of the arbitration, is necessarily incident to the authority contained in the general submission of the matters in dispute. (~ Term Rep. 644.) The plaintiIfls, therefore, entitled to judgment for 71 dollars and 20 cents, pursuant to the stipulation in the case.

Judgment for the plaintiff.

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Bluebook (online)

14 Johns. 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strang-v-ferguson-nysupct-1817.

Opinion

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