Freifeld v. Sire
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, George Freifeld and another, as trustees under the last will and testament of Robert F. Bixby, deceased, and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the-county of New York on the 30th day of March, 1904, granting the defendant’s motion for the appointment of a referee to assess the damages sustained by the defendant by reason of the granting of an injunction to the…
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Appeal by the plaintiffs, George Freifeld and another, as trustees under the last will and testament of Robert F. Bixby, deceased, and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the-county of New York on the 30th day of March, 1904, granting the defendant’s motion for the appointment of a referee to assess the damages sustained by the defendant by reason of the granting of an injunction to the plaintiffs herein.
1Opinion of the Court
Hatch, J.:
The action in which this proceeding is instituted was commenced April 14, 1902, and a preliminary injunction was issued restraining the defendant from removing certain chattels and properties from the Casino Theatre. The preliminary injunction was continued until the trial of the action upon plaintiffs giving an undertaking in the sum of $25,000 with the American Surety Company as surety. The trial was commenced, and upon the second day thereof was discontinued and the injunction vacated by the consent of parties upon the following stipulation, signed by their respective attorneys :…
2Cases cited2 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
3Cited by3 opinions
- Margolies v. Encounter, Inc.New York Court of Appeals · 1977
- Wise Shoe Co. v. FischerNew York Supreme Court · 1936
- Margolies v. Encounter, Inc.Appellate Division of the Supreme Court of the State of New York · 1976