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In re the Arbitration between Uraga Dock Co. & Mediterranean & Oriental Steamship Corp.

Court of Appeals of the State of New York
Apr 17, 1959
6 N.Y.2d 773 (N.Y. 1959)

Opinion

Argued March 4, 1959

Decided April 17, 1959

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL M. GOLD, J.

Wharton Poor, David L. Corbin and R. Glenn Bauer for appellant.

Joseph M. Callahan, Joseph A. Doran, James E. Freehill and Morton Liftin for respondent.



Order affirmed, with costs; no opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DYE dissents and votes to reverse upon the ground that the contract never became effective because of the failure to make the initial payment upon the terms and within the time provided. Proceedings to compel arbitration presuppose the existence of a valid and enforcible contract ( Matter of Kramer Uchitelle, 288 N.Y. 467).


Summaries of

In re the Arbitration between Uraga Dock Co. & Mediterranean & Oriental Steamship Corp.

Court of Appeals of the State of New York
Apr 17, 1959
6 N.Y.2d 773 (N.Y. 1959)
Case details for

In re the Arbitration between Uraga Dock Co. & Mediterranean & Oriental Steamship Corp.

Case Details

Full title:In the Matter of the Arbitration between URAGA DOCK COMPANY, LTD.…

Court:Court of Appeals of the State of New York

Date published: Apr 17, 1959

Citations

6 N.Y.2d 773 (N.Y. 1959)
186 N.Y.S.2d 669
159 N.E.2d 212

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