Leavitt v. Dabney
The Superior Court of New York City
Appeal from an order. In this case a preliminary injunction order had been obtained from a justice of this court, restraining the defendants from parting with certain moneys which had been put in their hands to pay the interest about to fall due upon certain Peruvian and Chilian bonds.
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Appeal from an order. In this case a preliminary injunction order had been obtained from a justice of this court, restraining the defendants from parting with certain moneys which had been put in their hands to pay the interest about to fall due upon certain Peruvian and Chilian bonds. Upon obtaining the injunction the plaintiffs gave an undertaking, with two sureties, but not executed by themselves, that the plaintiffs would pay to the defendants such damages, not exceeding one thousand dollars, as they might sustain by reason of the injunction. Subsequently, a motion was made at the Special…
1Opinion of the Court
By the Court:
Monell, J.
The printed case with which we have been furnished upon this appeal does not contain a copy of the judgment, and we are, therefore, unable to ascertain precisely what it contains. It appears from one of the moving affidavits that judgment final for the defendants had been entered, but nothing further is stated of its contents; and we cannot, therefore, say whether it contains any provisions which will aid the defendants in reversing the order in this case. On the contrary, every presumption is in favor of the correctness of the order, and we are, therefore, bound to…
2Cases cited6 opinions
- Sullivan v. Judah & WeedNew York Court of Chancery · 1834
- New York Printing & Dying Establishment v. FitchNew York Court of Chancery · 1830
- Garcie v. SheldonNew York Supreme Court · 1848
- Cayuga Bridge Co. v. MageeNew York Court of Chancery · 1830
- Loveland v. BurnhamNew York Court of Chancery · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Palmer v. FoleyThe Superior Court of New York City · 1876