Legal Opinion

Suesskind v. Bingham

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1908PublishedCited by 9 opinions

Appeal- hy the defendants, Theodore A. Bingham, as police commissioner of the .city of New York, and others, from an order of the Supreme Court, made at the New York Special Term and. entered in the office of the clerk of the county of New York on the 14th day of February, 1908, continuing a temporary injunction pendente lite.

1Opinion of the Court

Ingraham, J.:

It is quite impossible to see upon what ground the police could claim that these plaintiffs were violating any statute upon the facts here presented. The same question is presented, however, as in the case of Eden Musee American Co., Ltd., v. Bingham (125 App. Div. 780), decided herewith, and plaintiff’s remedy is not by injunction, but by an action at law against the individual officers, or an indictment, if their property or business is interfered with.

The order appealed from is reversed, with ten dollars costs and disbursements, and the motion for an injunction denied, with…

2Cases cited1 opinion

  1. Eden Musee American Co. v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by9 opinions

  1. Stout v. PardoeSupreme Court of Oklahoma · 1927
  2. Callision v. KirkpatrickSupreme Court of Oklahoma · 1930
  3. Fairmont Athletic Club v. BinghamNew York Supreme Court · 1908
  4. Strand Amusement Co. v. City of OwensboroCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Eisenberg v. KennedyNew York Supreme Court · 1957

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