Perlman v. Bernstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob W. Hammer, 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 18th day of November, 1903, denying the said defendant’s motion to confirm the report of a referee appointed to assess the damages sustained by the appellant by reason of the issuance of an injunction herein against the said appellant.
1Opinion of the Court
Hatch, J.:
The referee found that the only damages which the defendant Hammer had sustained by reason of the issuing of the in junction were for counsel fees in procuring the injunction to be vacated, which sum he fixed- at $100, and also allowed costs of the reference in determining the amount to which the plaintiff was entitled to be awarded as damages sustained on account of the injunction. It is not claimed that the sums so allowed are in ariy wise excessive. The ground upon which the learned court at Special Term refused confirmation of the report was, that the damages sustained did not…
2Cases cited7 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Newton v. . RussellNew York Court of Appeals · 1882
- Randall v. . CarpenterNew York Court of Appeals · 1882
- Sweet v. MowryNew York Supreme Court · 1893
- Perlman v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by5 opinions
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- In re ReedAppellate Division of the Supreme Court of the State of New York · 1908
- Reeves v. SullivanAppellate Division of the Supreme Court of the State of New York · 1907