The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-08
The Nethodist Episcopal Church Damae @ity.
SUPREME COCRT--6ENJsRAL TERN.

Before Hon Judges Mitchell. Roosevelt and Peabody.
MAY Fla :as ssatser n Ne Fs,s! Nshosis Episcopal
CA.rch IN nc 0i # Nco Yorkrhe Fsrs Methodist Gpss
coal Church 10 he city Of New York has existed since
about i767 and se Present corporation orgt ized M
der tho statute eboat tho year 1922 The ohurss ed,sco
ana plaza u public worship, and tho only place u
ship belonging TO TIC eorporaAon IS situated IN snhn
greet New York, and is valued 3, sboa, Sio0Oo The
personal ;soperty W tho r4jOn derived nAny rom
tho eals Of estate belonging H. 10 amounts about
$4,000 In Nay 1850, the a, Is ,iion u Nix of The
n.ne trustees sDd aga,nst the remembrance If throe Of
the and iban Two thirds Of The legal
bers OF he corroratoD Judge Roo eye granted order
for The sale of The zeal estate Of The corporation, and d
rec,ng specal appcatIon not only 0 the funds arising
from the sale, but OF other funds belonging the Coro
rate body Soon AFTER the three trustees and other
members Of the corporation commenced action
strain fas Of the church properly setting FORTH among
o.her hings that large majority Of tho Corporate body
were oppoed o such saie, and praying annjuncton On
this complaint ~ injunction was granted In tho follow
ing the electors Of the body corporate held tho
Dus election, and se OF trustees Of three each elect
teen yUteswo polls being held In the roou toe
seeding from the other poll Both Claimed
be trustees. Al ths election the electors bv resolution APP
pointed early day for the next annual elcclon and
proceeding to bold the oec,ion. complaint
made By he persons claiming 10 be trustees including the
three DO received nineteen votes which Jddge erke
granted injunction, restraining tho hoing the election
church and restraining tho members o! The corp Tnttn
from entering the chfrch belonging corporation for
tho prrpcse Of holding election. These causes
pending when the stipulation entered into signed
by l. FaDcber on the one part and Chahed Thayer and
lion Il In terms arbitration and not reference. An
award made Dec H. 1865, among other things,
volag The order Of SALE making certain disposition Of
tho property Of The church, and appointing certain persons
trustees 20 carry the award into effect
In Aoil 1885, noce Of motion 70 set aside tho award
given, but before Il heard the second stipulation
entered into by the attorneys, neither having any
ihor.ty 10 again ubm 10 arbiI ain osber than AZ
torpey tie This sub mission revoked
9th af April On the 18th Of April the arbitrator, wiibo
any appearance before him. made q award and,
motion, the award confirmed at special rm by Judge
xaIf orda tha
appeal WAS taken to ihis court.
On the par, OF the respondents Il argued that the
award OF Rev. Bishop N. Simpeop dated April u, 1885,
ues dated and entered into the 17h September, 1885,
and Of the order Of this Court entered and dated April q
1866 That submission and that order conferred complete
authority the bishop TO make tho award The ator.
neys and counsel Of the respective parties had ample
power by virtac u their general retainer and authority
10 eubni. the matter IA dispute 10 arbitrator. q Cow
HIS S0;es 10 Phil on Es., D. 30, note 81; 10 Mas
Rep, 500; IN. a. Rop, ass Russell on Arbitrator, p 81;
fore the braior producing their proofs and submeg
tho matter him. have ratified the authority OF their ~
torneys 10 subnnIlays Va. Hays % wend, 3cS) The
attempt rsado 70 revoke the OF tho arbitrator was
futile inssmuch the had before then been fully
heard by finally submitted to- the arbitrator for dec
son. OR g. bA, S23) Besides tho order OF Cour. Of
OF some Of tho parties Tho awaad Is In all respects valid
and LEGAL II pasos upon and decides all questions In
rovery does not decide any matter not re;erablo TO
arbitrator No quorion 10 the title Of the real eslate
any question by which any perssn ousted from any
ofce--sdmog thai 10 be an Improper question 10 sub
init, which, however, may well be denied, tho statute
dooe nos oxcsph. As an arbitrator every way compe-
tent and udciors aud who seiectod by Tho parties,
has fully heard al the proofs and allegations % the
parties, has finally decided tho matters in dispute, his
award and the oroor OF the Coert Affirming Is shos,h
stand, and cad order be affirmed.
Ihscis.ln rg@t.YVpl.