Carrington v. Florida Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying a motion on the part of plaintiffs to punish defendants for an alleged violation of two orders of the Supreme Court.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying a motion on the part of plaintiffs to punish defendants for an alleged violation of two orders of the Supreme Court. This action was brought to recover the amount of certain bonds of the Florida Railroad Company, owned by plaintiff; he alleging that the trust deed securing the same had been destroyed by defendants without his consent, and a new trust deed given to secure other bonds, whereby plaintiff had lost his security, and that he was entitled to have…
1Opinion of the CourtAkdrews, J.
The order of the Special Term, which was affirmed by the General Term, was made before judgment, and it denied the plaintiff’s motion to punish the defendants for disobedience of the previous orders of August 8th and November 9th, 1871.
Those orders were auxiliary to the main purpose of the action. The order of August eighth was an order to show cause, and it enjoined the defendants from disposing of certain bonds of the Florida Railroad Company, and of proceeds arising from the sale of bonds by Drake Brothers, as agent for "the company, until the hearing of the motion. The order of November…
2Cases cited2 opinions
- Illius v. . the New-York and New Haven Railroad Co.New York Court of Appeals · 1856
- Batterman v. FinnNew York Court of Appeals · 1869