Manufacturers' & Traders' Bank v. C. W. F. Dare Co.
New York Supreme Court
Appeal from special term, New York county. Action by the Manufacturers’ & Traders’ Bank against the O. W. F. Dare Company, C. W. F. Dare, and Abram Folk. From an order overruling exceptions, and confirming the report of the referee, made on a reference to assess damages sustained by defendants by the issuing of an injunction, plaintiff appeals.
1Opinion of the CourtDaniels, J.
The injunction was issued on the 3d of December, 1887, in an action brought by the plaintiff, as a judgment creditor, whose execution had been returned unsatisfied, to set aside the sale of the property of the 0. W. F. Dare Company, which had been made upon executions issued upon judgments recovered against the company, and the purchase of the property sold to the defendant Abram Folk. The action proceeded to trial against the company and C. W. F. Dare, and resulted in a judgment in favor of these two defendants. No trial was had of the issue framed between the plaintiff and the defendant…
2Cases cited6 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Cassidy v. . Le FevreNew York Court of Appeals · 1871
- Heinemann v. . HeardNew York Court of Appeals · 1872
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