MATTER OF HEYMANSON


276 A.D. 837 (1949)

In the Matter of the Arbitration between Sydney R. Heymanson, Appellant, and Morgan & Brother, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.


Per Curiam.

In this case the court properly vacated the award because the arbitrators exceeded their powers. In the document dated May 25, 1948, signed by claimant and sent to respondent, the warehouseman, the claimant expressly stated that the value of his property in respondent's custody totaled $5,500 and asked for insurance in that sum. Under the terms of the contract, the effect of claimant's valuation made in 1948 was to substitute $5,500 as the declared...

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