Cunningham v. White
The Superior Court of New York City
Demurrer to defenses in an answer. This was an action upon an undertaking given upon procuring an injunction.- The complaint set up the bringing of an action against the plaintiff Cunningham and another, the procuring by the plaintiff in that action of an injunction against the defendants therein, the service of the injunction upon such defendants, and the execution in that action of the usual undertaking by the defendants in this action as sureties, annexing a copy of the…
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Demurrer to defenses in an answer. This was an action upon an undertaking given upon procuring an injunction.- The complaint set up the bringing of an action against the plaintiff Cunningham and another, the procuring by the plaintiff in that action of an injunction against the defendants therein, the service of the injunction upon such defendants, and the execution in that action of the usual undertaking by the defendants in this action as sureties, annexing a copy of the undertaking. It further set up that the court finally decided that the plaintiff in that action was not entitled to the…
1Opinion of the CourtMonell, J.
This action is upon an undertaking given by the defendants in behalf of the Dry Dock, East Broadway and Battery Bailroad Company, on obtaining an injunction in an action by such company against the mayor, &c., of New York, and Cunningham the plaintiff.
The complaint alleged that in said action it was decided that said company was not entitled to the injunction.
The defendants, in the “ second” paragraph of their answer, allege, in substance, that the undertaking, a copy of which is annexed to the complaint, was executed in a proposed action, in which the railroad company was' plaintiff, and the…
2Cited by4 opinions
- Mitchell v. SullivanSupreme Court of Kansas · 1883
- In re the Transfer Tax Upon the Estate of CossittAppellate Division of the Supreme Court of the State of New York · 1923
- Grainger v. SmythNew York Supreme Court · 1893
- Manufacturers' & Traders' Bank v. C. W. F. Dare Co.New York Supreme Court · 1891