Hovey v. Rubber Tip Pencil Co.
The Superior Court of New York City
Appeal from an order made at special term, confirming the report of the referee to whom it was referred, to ascertain and report the damages sustained by the defendants, by reason of the inj unction issued herein, to which it had been finally decided by the court that plaintiffs were not entitled, and overruling plaintiffs’ exceptions thereto. thereto.................
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Appeal from an order made at special term, confirming the report of the referee to whom it was referred, to ascertain and report the damages sustained by the defendants, by reason of the inj unction issued herein, to which it had been finally decided by the court that plaintiffs were not entitled, and overruling plaintiffs’ exceptions thereto. thereto................. The report was in all things confirmed, and an order entered, directing the sureties on the bond to pay to the defendant the sum of six hundred and twenty-five dollars, and directing a judgment to be entered against the…
1Opinion of the CourtSpeir, J.
The undertaking upon the issuing the order of injunction was executed by the sureties alone, and not by the plaintiffs. By its terms the sureties “ undertook in the sum of five hundred dollars, that the said plaintiffs will pay to the defendant so enjoined, such damages, not exceeding the sum mentioned, as he may sustain by reason of the said injunction,” &c.
The court below decided that the obligors who executed the said undertaking pay to the defendant or his attorney, on demand, the whole amount of said damages, the sum of five hundred dollars being the amount of said damages specified in…
2Cases cited2 opinions
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
- Leavitt v. DabneyThe Superior Court of New York City · 1870