People v. Remington
New York Supreme Court
Appeal from part of an order, made at tbe Jefferson county Special Term, and entered in Herkimer county. Tbe part of tbe order appealed from is as follows : “ Tbat tbe claim of R. J. Dean & Co. for counsel fees incurred by tbe three banks and tbe said R. J. Dean & Co., growing out of and connected with the motion made on tbe 29th day of May, 1886, before bis Honor Justice Williams, at WatertowD Special Term, for a modification of tbe general injunction order issued by tbe…
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Appeal from part of an order, made at tbe Jefferson county Special Term, and entered in Herkimer county. Tbe part of tbe order appealed from is as follows : “ Tbat tbe claim of R. J. Dean & Co. for counsel fees incurred by tbe three banks and tbe said R. J. Dean & Co., growing out of and connected with the motion made on tbe 29th day of May, 1886, before bis Honor Justice Williams, at WatertowD Special Term, for a modification of tbe general injunction order issued by tbe court, and the order to show cause returnable before his Honor Justice Williams, at a Special Term, held at Watertown, on…
1Opinion of the Court
Follett, J.:
It is conceded that the receivers, by denying and resisting, by injunctions, the rights of the banks and guarantors, caused them considerable expense. A principal is liable to indemnify his surety or guarantor for such damages as directly flow from the principal’s conduct. Under this rule the estate represented by the receivers is liable to the guarantors for such damages as were caused by the action of the receivers. Whether the estate is liable to the banks for damages is not, from the facts now before the court, entirely clear. (Lawton v. Green, 64 N. Y., 326; High on Inj., §…
2Cases cited6 opinions
- Lawton v. . GreenNew York Court of Appeals · 1876
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Thompson v. . TaylorNew York Court of Appeals · 1878
- De Groot v. JayNew York Supreme Court · 1859
- Claim of Guardian Savings Institution v. Bowling Green Savings BankNew York Supreme Court · 1873
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