Harrison v. Harrison
New York Supreme Court
Appeal from special term, New York county. Action by Eliza M. Harrison and others, as executors, etc., against William H. Harrison and others. Judgment having been rendered in favor of defendants, a reference was granted to determine the damages sustained by defendants by reason of the granting of an injunction pending the action, and from an order confirming the report of the referee plaintiffs appeal.
1Per curiam
This proceeding was conducted on the erroneous theory that because an injunction was granted pending the action, which resulted in favor of the defendants, therefore they were entitled to recover as damages all the costs and expenses incurred in defending the action; whereas they were only entitled to recover the damages sustained by reason of the granting of the injunction, which, so far as the evidence discloses, consisted of the expenses incurred in attempting to have it dissolved. But, as no objection was taken to the admission of the evidence offered, a reversal for that reason will not…
2Cited by4 opinions
- Brooks v. Racich Asbestos Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1910
- State v. FriedmanWest Virginia Supreme Court · 1914
- Harrison v. Hind & Harrison Plush Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Sarafian v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1915