Benjamin Robbins Curtis

Name: McCormick v. Gray — Opinion of the Court
Author: Benjamin Robbins Curtis

McCormick v. Gray — Opinion of the Court

Summary

“McCormick v. Gray — Opinion of the Court”, is a work by Benjamin Robbins Curtis. It explores elements such as award, McCormick and Gray.

Quotes from McCormick v. Gray — Opinion of the Court (Benjamin Robbins Curtis)

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ It is objected that the amount in controversy is not sufficient to justify an appeal to this court; but this is a suit for an account involving very large sums of money, the complainant claiming sums greatly exceeding two thousand dollars, by force of the assignment and otherwise, and the defendant Gray insisting on the award, as a bar to the whole claim. It is no answer to say that, if this suit should be defeated, the complainant may have some other title, which will not be worth two thousand dollars less than the value of what he now claims. ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ The bill in this case, which seeks to raise a question as to the decision of the arbitrator, that the complainant should, out of his share of the profits of the partnership, pay the defendant an amount equal to the one half of the defendant's share thereof, transferred to Ogden and Jones, by reason of the neglect of the complainant to supply his portion of the capital of the firm, pursuant to his agreement, cannot be sustained; for the award estops the complainant from alleging any thing contrary to it. ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ I do award that the thirteen reapers belonging to said firm, on hand and unsold, be sold with all convenient despatch, and at the best price that can be had for the same, and that out of the proceeds thereof, there be paid to Cyrus H. McCormick the sum of thirty dollars for each of said reapers so to be sold, as a patent fee ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ These stipulations, by which this part of the partnership assets is disposed of, are, in legal effect, incorporated into the submission, and limit the authority of the arbitrator. He could do nothing to alter or affect them. But, instead of observing this limitation, his award treats the entire property of the partnership, and the respective rights of the partners, as if no such agreements had been made. ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ That the said arbitrator has exceeded his powers in other respects, and the said award is uncertain, unjust, illegal, and tends to the manifest injury, wrong, and oppression of your orator; and your orator humbly insists and submits that the said award ought to be annulled and wholly set aside, and the said Gray ought to be enjoined and restrained from commencing any suit or other proceeding to enforce the collection thereof, or from interfering with said assignment aforesaid, or intermeddling with the property and assets in said assignment mentioned ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ An award cannot be set aside, either at law or in equity, except for errors apparent on its face, misconduct in the arbitration, or for some palpable mistake, or on account of the fraud of one of the parties. ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ I do award that all necessary costs and expenses which may be expended or incurred in the sale of any of the copartnership property, and in the collection of the bills receivable and debts due the said firm, shall be paid out of the balance of the partnership moneys and assets fourthly above mentioned, before the whole of such balance shall be finally divided as mentioned in said above-mentioned fourth item. ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ The said assignment provides, in the second section thereof, that said Ogden shall pay all legal liabilitities and debts of the said McCormick and Gray as they shall become due; whereas the said award in the first section thereof awards and directs, in substance, that certain debts in said last-mentioned section specified, shall be paid pro rat a until the same shall be paid.
3d. The said assignment in the third section thereof (amongst other things,) provides, in substance, that the balance of said assets, as fast as collected, shall be paid in pro rat a sums as follows ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ Besides, this matter is a claim for an account far exceeding that amount, and it does not appear that the defendant concedes to the complainant his whole claim, except some sum less than two thousand dollars. There remains, therefore, a dispute concerning this large claim, not narrowed by any concession of the defendant, so as to be reduced below the sum which is required by law for an appeal. It is urged, also, that the appeal is not well taken, because the complainant obtained leave to amend, after the decree dismissing the bill was entered. ”

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Source: Wikisource

Benjamin Robbins Curtis, McCormick v. Gray — Opinion of the Court

“ Rep. 43; Doe ex dem. Madkins v. Horner, 8 Adol. & Ellis, 235; Smith v. Demarest, 3 Halst. Rep. 195; 9 Adol. & Ellis, 522; 3 Greenl. Rep. 421; 6 New Hamp. Rep. 264; 1 Leigh, 491; 9 Wend. 649; 2 Johns. Ch. Rep. ”

Benjamin Robbins Curtis

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