Manufacturers' & Traders' Bank v. Folk
New York Supreme Court
Appeal from special term, New York county. Action by the Manufacturers’ & Traders’ Bank against the C. W. F. Dare Company, C. W. F. Dare, and Abram Folk for the recovery of money. An injunction was issued restraining defendants from disposing of certain property, which injunction was vacated by order, and the action dismissed as to Abram Folk. An order, was made to take proof and report as to damages sustained by defendant Folk by reason of the injunction.
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Appeal from special term, New York county. Action by the Manufacturers’ & Traders’ Bank against the C. W. F. Dare Company, C. W. F. Dare, and Abram Folk for the recovery of money. An injunction was issued restraining defendants from disposing of certain property, which injunction was vacated by order, and the action dismissed as to Abram Folk. An order, was made to take proof and report as to damages sustained by defendant Folk by reason of the injunction. From an order confirming the report of referee, plaintiff appeals. Modified. For some time prior to October, 1887, the O. W. F. Dare…
1Opinion of the CourtFollett, J.
The appellant asks for a reversal of the order assessing the damages sustained by the respondent on two grounds: (1) That the court has not finally decided, within the meaning of section 620 of the Code of Civil Procedure, that the plaintiff was not entitled to. the injunction as against the defendant Abram Folk; (2) that several of the items allowed were too remote and contingent to be included within the term, “damages sustained by,reason of the injunction.” A few minor grounds of alleged error are argued on the brief submitted, some of which may be considered later.
Section 620 of the Code…
2Cases cited3 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Amberg v. KramerNew York Supreme Court · 1890
- Pacific Mail Steamship Co. v. ToelNew York Court of Common Pleas · 1880
3Cited by5 opinions
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- St. Joseph & Elkhart Power Co. v. GrahamIndiana Supreme Court · 1905
- Awad v. Universal Coconut Corp.New York Supreme Court · 1962
- De Berard v. PrialAppellate Division of the Supreme Court of the State of New York · 1898
- Grainger v. SmythNew York Supreme Court · 1893