Benguiat v. Gotham National Bank
Appellate Division of the Supreme Court of the State of New York
1DissentDore, J.
I agree with the construction the majority places on the language of section 895 of the Civil Practice Act, that it was not intended to include a vendee or transferee of the subject-matter of the injunction after the injunction was issued. . I think, however, that it does not follow that Manufacturers Trust Company may not hold the surety for damage sustained after it acquired the property affected by the injunction. The obligations of the surety company are defined by the terms and the legal effect of its engagement in the light of the nature of the contract, the purposes to be accomplished…
Also in this document: Concurrence.
2Cases cited3 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- First Commercial Bank v. . ValentineNew York Court of Appeals · 1913
- Kelley v. OsbornAppellate Division of the Supreme Court of the State of New York · 1916