Phœnix Bridge Co. v. Keystone Bridge Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Phoenix Bridge Company, and its sureties, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1895, confirming the report of a referee appointed to assess the damages sustained by the defendants by reason of an injunction granted in the action, and directing the sureties upon the undertaking given upon such injunction to pay the same.
1Opinion of the Court
Ingraham, J.:
The nature of the action and the ground of the decision of the court upon the trial are stated in the opinion of the Court of Appeals affirming the judgment dismissing the complaint (142 N. Y. 427). It was there held that the action was brought in affirmance, and not in repudiation or disaffirmance of the agreement alleged, and that in such an action the court was right in refusing to the plaintiff any relief upon a contract which the complaint alleged to be void as contrary to public policy, and illegal as being a combination to enhance prices.
The judgment demanded by the…
2Cases cited2 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Sanders v. . Lake Shore and Michigan Southern Railway Co.New York Court of Appeals · 1883
3Cited by7 opinions
- Olsen v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1920
- Youngs v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1900
- Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Subin v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Richman v. RichmanAppellate Division of the Supreme Court of the State of New York · 1976
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