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In re Cheney Bros.

In the Matter of the Application of Cheney Brothers, for an Order Directing Joroco Dresses, Inc., to Proceed with an Arbitration and to Nominate One of the Board of Arbitration

In re Cheney Bros., 218 A.D. 652 (1926)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 31, 1926
Citations
218 A.D. 652219 N.Y.S. 961926 N.Y. App. Div. LEXIS 5994

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The order should be reversed, with ten dollars costs and disbursements, and the motion to compel arbitration *653 denied, with ten dollars costs, on the ground that the question as to whether or not the contract was fraudulently induced raises an issue of fact which must be tried before the right to arbitration under the contract may be enforced. If the contract was voided by fraud, the arbitration provision therein falls.

Present — Clarke, P. J., Dowling, Merrell, McAvoy and Martin, JJ.; Merrell and Martin, JJ., dissent.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1931: 21940: 11947: 11959: 11960: 11973: 119312026peak 1931 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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