Wynkoop v. Van Beuren
New York Supreme Court
Appeal from special term, Hew York county. Action by Ann E. Wynkoop against Mary S. Van Beuren and others foian injunction. The action was discontinued on plaintiff’s motion, against the objection of defendants. From an order of reference to assess defendants’ damages, sustained by reason of the preliminary injunction, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
This action is brought to enjoin the defendants from injuring, disturbing, or undermining a party wall. Upon obtaining a preliminary injunction herein, plaintiff gave an undertaking conditioned upon the payment of such damages, not exceeding the sum of $1,000, which the defend.ants might sustain by reason of the injunction. “If the court finally decides rthat the plaintiff was not entitled thereto, such damages to be ascertained and determined by the court or a referee.” This preliminary injunction was subsequently dissolved. Although the defendants answered, and the case was on the day…
2Cases cited5 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Amberg v. KramerNew York Supreme Court · 1890
- Smith v. . HolbrookNew York Court of Appeals · 1880
- Hall v. SextonThe Superior Court of the City of New York and Buffalo · 1888
- Neugent v. SwanNew York Supreme Court · 1881
3Cited by10 opinions
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Perlman v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1903
- Straus v. GuilhouAppellate Division of the Supreme Court of the State of New York · 1903
- Hathorn v. Natural Carbonic Gas Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Manning v. CassidyNew York Supreme Court · 1894
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