127 N.Y.S. 1043 | N.Y. Sup. Ct. | 1910
I am unable to acquiesce in the proposition of the plaintiff that the promissory note in -suit was not the subject of the arbitration agreement executed by the parties to this action. The agreement which is admitted in the reply to the answer makes special reference to the note, and the point now urged that the amendment to the answer allowed upon the trial operated as a withdrawal of the admis
“ That this agreement for submission to arbitration of the questions arising under the said contract of June 15, 1907, may be entered of record in the Chancery Court of the city of Richmond, and that the award of the arbitrators shall be entered up as a judgment or decree of the said Chancery . Court of the City of Richmond if it be not performed within two weeks after the said award be made.” The two-weeks provision was evidently intended to enable the parties to the award to comply with its terms prior to its entry as a judgment and within two weeks after its rendition, without the necessity of its record. The provision reads “ it shall be. entered up as a judgment or decree,” and it is, therefore, an agreement for entering up of record in the court the award made by the arbitrators. I am of opinion that the arbitration agreement and award constitute a bar to any recovery by the plaintiff. Since the award was made after the commencement of this action, the counterclaim of the defendant based thereon must be dismissed. A verdict is directed in favor of the defendant. Pursuant to the stipulation of the parties, an exception to such direction may be entered for the benefit of the plaintiff, who may have a thirty days’ stay after notice of entry of judgment and sixty days within which to serve proposed case on appeal.
Judgment for defendant.