Sweet v. Mowry
New York Supreme Court
Appeal from special term, Onondaga county. Action by William A. Sweet against Henry J. Mowry and others, composing the Syracuse water board, the city of Syracuse, and others, for an injunction. From an order confirming in part, and disallowing in part, the report of the referee appointed, after judgment was rendered in favor of defendants, to ascertain the amount of damages that defendants sustained in consequence of a temporary restraining order, both parties appeal.
Read the full summary
Appeal from special term, Onondaga county. Action by William A. Sweet against Henry J. Mowry and others, composing the Syracuse water board, the city of Syracuse, and others, for an injunction. From an order confirming in part, and disallowing in part, the report of the referee appointed, after judgment was rendered in favor of defendants, to ascertain the amount of damages that defendants sustained in consequence of a temporary restraining order, both parties appeal. The defendants, or some of them, being officers of the city of Syracuse, were about to issue $500,000 of city bonds, under the…
1Opinion of the CourtParker, J.
Upon the question whether the market value of the bonds was depreciated below the price which the savings bank contemplated offering, by the injunction itself, rather than by the litigation then inaugurated, we are not disposed to disturb the conclusion which the referee reached. We think, with him, that on the whole evidence the depreciation which evidently followed the commencement of the action, and the conclusion of the bank *34not to bid at all, should be ascribed to the uncertainty which the litigation suggested as to the validity of the bonds, rather than to the fact that the defendants…
2Cases cited2 opinions
- Randall v. . CarpenterNew York Court of Appeals · 1882
- Dwight v. Northern Indiana RailroadNew York Supreme Court · 1869
3Cited by8 opinions
- Curtiss v. BachmanCalifornia Supreme Court · 1895
- Ex Parte GrimesCourt of Criminal Appeals of Oklahoma · 1908
- Ex Parte GrimesSupreme Court of Oklahoma · 1908
- Whiteside v. Noyac Cottage Ass'nNew York Supreme Court · 1895
- Scholtz v. American Surety Co.Idaho Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.