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14 Johns. 161

Strang v. Ferguson

New York Supreme Court

Decided May 15, 1817

New York Supreme Court · decided 1817-05-15

THIS was an action of debt on an arbitration bond, containing a general submission “ of all and all manner of action and actions, cause and causes of action, &c« quarrels, controversies, &c. at any time heretofore had, &c. or depending by and between the said parties.’’.

Good law ✅— No negative treatment on recordhow we know

Decided 1817-05-15

How this case has been cited

Cited by 10 later decisions — most recently February 1890

10 state decisions

50181718201830184018501860187018801890decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1The only question in this case is, whether the-arbitrators had any authority to award concerning the costs, of the arbitration. The submission is general; no express authority is given on the subject of costs. It is said by Kyd, in his Treatise on Azoards, (p. 100,) that an opinion long prevailed* that, *162under a submission in the common form, arbitrators had no power with respect to the costs of the arbitration, because they were something that had arisen since the time of the submission; and many old cases are referred to in support of that principle. It seems, however, to be now det~rmined, that the power of awarding the costs of the arbitration, is necessarily incident to the authority contained in the general submission of the matters in dispute. (~ Term Rep. 644.) The plaintiIfls, therefore, entitled to judgment for 71 dollars and 20 cents, pursuant to the stipulation in the case.

¶2Judgment for the plaintiff.

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