Dwight v. Northern Indiana Railroad
New York Supreme Court
THIS is an appeal by the defendants Cammann, Wilson & Fuller, and Azariah Boody, from an order made at special term, upon exceptions, to the report of the referee, to whom it was referred to inquire and report whether any, and if so, what damages had been sustained by Boody, or the defendants, by reason of the injunction granted in the cause.
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THIS is an appeal by the defendants Cammann, Wilson & Fuller, and Azariah Boody, from an order made at special term, upon exceptions, to the report of the referee, to whom it was referred to inquire and report whether any, and if so, what damages had been sustained by Boody, or the defendants, by reason of the injunction granted in the cause. The gravamen of the complaint was that, on the ninth day of March, 1854, the plaintiff" gave to the defendant, the Northern Indiana Railroad Company, a promissory note for $30,373.65, with interest, payable April 1, 1855, indorsed by the Chicago &…
1Opinion of the Court
By the Court,
Geo. G. Barnard, J.
I think the findings and report of the referee were correct. The plaintiffs obtained an injunction against the railroad company and others, to prevent them from selling, or attempting to sell, certain stock. That injunction was afterwards dissolved. The matter was then referred to a referee to ascertain what, if any, damages they had sustained in consequence of its issuance. He held there were none. In looking over the testimony, I am satisfied he was right. It was the duty of the defendants to show what damages they had. sustained. They failed to do so, and…
2Cited by1 opinion
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