# In re the Arbitration between Riverdale Fabrics Corp. & Tillinghast-Stiles Co.

> New York Court of Appeals · February 25, 1954 · 306 N.Y. 288

URL: https://www.frixlaw.com/law-library/cases/5482867

## Case

- **Full name:** In the Matter of the Arbitration between Riverdale Fabrics Corp., and Tillinghast-Stiles Company
- **Court:** New York Court of Appeals
- **Decided:** February 25, 1954
- **Citations:** 306 N.Y. 288; 118 N.E.2d 104; 41 A.L.R. 2d 867; 1954 N.Y. LEXIS 1036
- **Precedential status:** Published
- **Opinion:** Dissent by Froessel
- **Judges:** Desmond, Froessel, Voorhis
- **Cited by:** 100 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5482867

## Opinion text

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 .]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5482867. Public record. Not legal advice.