55 N.Y.S. 493 | N.Y. Sup. Ct. | 1898
A difference arose between the parties to this action as to the terms under which the plaintiff was employed by the defendants, the plaintiff insisting that the agreement for employment was for one year from lime 1, 1896, at a salary of $50 a week and one-fourth of the net profits which the defendants might make in their branch office, of which the plaintiff had charge, the defendants, on the other hand, contending that the employment was at a weekly salary, as stated by the plaintiff, without any interest in the profits. It was agreed to submit the question in dispute to the arbitration committee of the New York Stock Exchange. The plaintiff, being a “ nonmember ” of that body, submitted a release of his claim to that committee before the hearing was held on August 3, 1897, when a decision in favor of these defendants, with costs, was rendered. Plaintiff seeks, in this action, to avoid the release so given, and to vacate and set aside the decision of the arbitration committee, and for judgment in his favor for the amount claimed to be due. The plaintiff himself selected the tribunal to determine the dispute between him and these defendants, and now he seeks to invalidate this decision upon the ground that the arbitrators were not sworn as prescribed by section 2369 of the Code, and that their oath was not waived pursuant to that section. In
Motion granted. No costs.