Castoriano v. . Dupe
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 9, 1895, which modified, and affirmed as modified, an order of Special Term granting an injunction upon application by plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The injunction should be absolutely vacated on the insufficiency of the papers upon which it was granted. (Code Civ.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, made January 9, 1895, which modified, and affirmed as modified, an order of Special Term granting an injunction upon application by plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The injunction should be absolutely vacated on the insufficiency of the papers upon which it was granted. (Code Civ. Pro. § 604:; Beach on Inj. §§ 18, 47, 133, 136 ; McHenry v. Jewett, 90 N. Y. 58 ; T., etc., R. R. v. B., etc., R. R., 86 id. 107; Jackson v.…
1Opinion of the CourtFinch, J.
This appeal is from an order granting an injunction during the pendency of the action. We regard such an order as within the discretion of the trial court in a case where it appears by the complaint that the plaintiff is entitled to equitable relief. (Hudson River Telephone Co. v. Watervliet Turnpike Co., 121 N. Y. 397.) The complaint here alleges the execution by plaintiff of a bill of sale, absolute on its face, of certain embroideries, and its delivery to the defendant as collateral security for a debt owing to him; that the amount of that debt was by agreement to have been determined at…
2Cited by6 opinions
- Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
- Beekman v. . Third Avenue R.R. Co.New York Court of Appeals · 1897
- Blaschko v. . WursterNew York Court of Appeals · 1898
- Smith v. BallAppellate Division of the Supreme Court of the State of New York · 1910
- Ex Rel. Reinhart v. CallahanNevada Supreme Court · 1924
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