Elmendorf v. Harris

The Court of Errors, held, however, that this award, made without notice of the hearing before the umpire to the losing party was void ; that an umpire cannot be appointed by parol, where, as in this case, it was expressly agreed, that the submission should be made a rule of Court under the statute:—though it would be good if it had been a mere common law arbitration. Per Chancellor, W. delivering the opinion of the Court

Judgment reversed 18 to none.