“The rule is that a party is not to be compelled to surrender his right to resort to the courts, with all of their safeguards, unless he has agreed in writing to do so”
How later courts described this case
- “The rule is that a party is not to be compelled to surrender his right to resort to the courts, with all of their safeguards, unless he has agreed in writing to do so”
Written by the judges who cited it.
The opinion
Froessel, J.
(dissenting). I concur with Judge Desmond for affirmance. In Matter of General Silk Importing Co. (Gerseta Corp.) ( 234 N. Y. 513 ) decided in 1922, the crucial provision read: “ Sales are governed by Raw Silk Rules adopted by the Silk Association of America.” (Emphasis supplied.) In Matter of Level Export Corp. (Wolz, Aiken & Co.) ( 305 N. Y. *294 82 ) where the “ Salesnote ” was made “ subject to the provisions of Standard Cotton Textile Salesnote ”, we pointed out (p. 88) that the court in the Gerseta case “ indicated that the parties had not clearly expressed an intention that the raw silk rules should apply to anything more than to the completion of sales under the agreement ” (emphasis supplied). Here, the reference is not to “ sales ” but to “ This contract ”, a far broader term, which in my opinion brings it within the holding of the Level case.
Lewis, Ch. J., Conway and Fuld, JJ., concur with Van Voorhis, J.; Desmond, J., dissents and votes for affirmance in an opinion in which Dye, J., concurs; Froessel, J., dissents and votes for affirmance in a separate memorandum.
Orders reversed, etc. [See 307 N. Y. 689 .]