Hyperlawhypertext legal database R. H. Howes Construction Co. v. Childs Dining Hall Co. of New Jersey 245 N.Y. 600

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R. H. Howes Construction Co. v. Childs Dining Hall Co. of New Jersey

245 N.Y. 600 Court N.Y. Decision date 1927-06-07 English

Contents

Majority

p. 600
The R. H. Howes Construction Company, Respondent, v. The Childs Dining Hall Company of New Jersey, Appellant.
(Argued May 18, 1927;
decided June 7, 1927.)

Headnote

Arbitration — building contract — alleged- misconduct of arbitrators.
Howes Constr. Co. v. Childs Dining Hall Co., 218 App. Div. 817 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1926, which affirmed a judgment in favor of plaintiff entered upon an order of Special
p. 601
Term confirming an award of arbitrators appointed pursuant to provisions of a building contract to determine certain claims ,that had arisen thereunder. Appellant claimed that the arbitrators had been guilty of misconduct, had exceeded their powers and had failed to pass upon defendant’s counterclaims.
Kenneth Dayton and Julius Henry Cohen for appellant.
Frederick Hulse and Joseph G. Fink for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.