Coates v. Coates

Counsel fees for defending the suit, and moving to dissolve an injunction, may be properly included in an estimate of the damages sustained by the defendant, in consequence of the injunction.

'The plaintiff, upon the usual undertaking, had obtained an injunction restraining the defendant from the use of certain *665trade marks. This injunction was dissolved upon the motion of the defendant, founded upon his answer, and a large number of affidavits; and the merits of the controversy being thus virtually determined, the plaintiff discontinued the suit. The usual reference was then had for…