Granulator Soap Co. v. Haddow
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Granulator Soap Company, and American Surety Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 16th day of June, 1913, confirming the report of a referee appointed to take proofs and to ascertain the damage sustained by reason of an injunction.
1Opinion of the Court
Thomas, J.:
The defendant on a bond conditioned to pay damages by reason of an injunction has recovered the value of the services of his attorney and counsel for the preparation and trial of the case. The defendant unsuccessfully opposed the motion for the injunction, and urges that it was necessary to try the issues to dispose of it, as the judgment in his favor ended it. While counsel fees incurred for the purpose of the trial of the case are often not allowable as damages under the bond (Newton v. Russell, 87 N. Y. 527, 531; Hovey v. Rubbertip Pencil Co., 50 id. 335; Randall v. Carpenter,…
2Cases cited5 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Newton v. . RussellNew York Court of Appeals · 1882
- Youngs v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1900
- Youngs v. . McDonaldNew York Court of Appeals · 1901
- Brooks v. Racich Asbestos Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
- Republic of Croatia v. Trustee of the Marquess of Northampton 1987 SettlementAppellate Division of the Supreme Court of the State of New York · 1996
- Eisen v. PostNew York Supreme Court · 1958
- Maltz v. Westchester County Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Bausch & Lomb Inc. v. Hydron Pacific, Ltd.New York Supreme Court · 1975
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