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 (N.Y. 1928)
249 N.Y. 84; 1928 N.Y. LEXIS 764
<italic>Per Curiam.</italic>
E. Arthur Tutein, Inc. v. Hudson Valley Coke & Products Corp.
Opinion of the Court
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.
Reference
- Full Case Name
- In the Matter of E. Arthur Tutein, Inc., Appellant, Against Hudson Valley Coke and Products Corporation, Respondent
- Status
- Published