Legal Opinion

Bronk v. Riley

New York Supreme Court

Decided December 31, 1888PublishedCited by 16 opinions

Appeal from special term, Albany county. Action by Edgar Bronk against John Riley and others, commissioners of the Albany penitentiary commission, and John McEwen, superintendent of the Albany penitentiary, to compel performance of a contract. A preliminary injunction was granted, (2 H. Y. Supp. 266,) and defendants appeal.

1Opinion of the CourtLearned, P. J.

This is an appeal from a preliminary injunction order. The order forbids defendants from interfering with the plaintiff in the performance of his contract; from stopping the use of plaintiff’s plant or machinery, or the employment of convicts, under said contract; and requires the defendants to carry out and perform the said contract. It is, then, what is called a “ mandatory injunction, ” requiring the defendants to perform a contract into which they entered with the plaintiff. The defendants are the commissioners of the Albany penitentiary and the superintendent of that institution. In…

2Cases cited6 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Watson v. SutherlandSupreme Court of the United States · 1867
  3. Hamblin v. DinnefordNew York Court of Chancery · 1835
  4. De Rivafinoli v. CorsettiNew York Court of Chancery · 1833
  5. Sanquirico v. BenedettiNew York Supreme Court · 1847

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3Cited by16 opinions

  1. People ex rel. Gaynor v. McKaneNew York Supreme Court · 1894
  2. Maloney v. KatzensteinAppellate Division of the Supreme Court of the State of New York · 1909
  3. General Electric Co. v. Westinghouse Electric Co.U.S. Circuit Court for the District of Northern New York · 1907
  4. Lakes Island Realty Co. v. McDermottNew York Supreme Court · 1916
  5. Carter v. FergusonNew York Supreme Court · 1890

11 more not listed; retrieve them via the Exa API.

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