Legal Opinion

Howley v. Press

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1908PublishedCited by 10 opinions

Appeal by the defendants, the Charles Francis Press and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 30th day of April,' 1908, granting a motion for an injunction pendente. Ufa

1Opinion of the Court

Houghton, J.:

The plaintiff has obtained an injunction during the pendency of the action restraining the defendants from disposing of certain wood cuts, electrotypes and plates of sheet music and songs which it holds as security for an indebtedness and which it threatens to sell, notwithstanding, as is claimed, the indebtedness has been paid. .

No security was given or required of the plaintiff. Section 620 of the Code of Civil Procedure provides that a party applying for an injunction must give an undertaking executed by himself or sureties as the court or judge may direct, to the effect that…

2Cases cited1 opinion

  1. Manley v. LeggettNew York Supreme Court · 1891

3Cited by10 opinions

  1. Koenig v. Eagle Waist Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Atkins v. WestAppellate Division of the Supreme Court of the State of New York · 1928
  3. In re the Estate of RothkoNew York Surrogate's Court · 1972
  4. Lees v. Cohoes Motor Car Co.New York Supreme Court · 1924
  5. Aerial Upholstering Co. v. BlumAppellate Division of the Supreme Court of the State of New York · 1929

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