Babho Realty Co. v. Feffer

Order enjoining negotiation of notes reversed upon the law and the facts, with ten dollars costs and disbursements, and motion for temporary injunction denied, with ten dollars costs. Appeal from order denying motion for reargument dismissed, such order not being appealable. The action is for damages for fraud. Rescission is not sought. The plaintiff affirms the contract but by virtue of the alleged fraud demands damages therefor. The transfer of the notes given as part of the consideration is attempted incidentally to be restrained. This does not bring the ease within section 877 of the…