Graves v. Maguire
New York Court of Chancery
An injunction had been granted in this cause, restraining the defendant Maguire from selling or incumbering certain leasehold premises upon which the complainant claimed to have an equitable mortgage, and also restraining Maguire from receiving certain insurance monies from one of the other defendants, which monies had become payable in consequence of the loss of the buildings upon the premises.
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An injunction had been granted in this cause, restraining the defendant Maguire from selling or incumbering certain leasehold premises upon which the complainant claimed to have an equitable mortgage, and also restraining Maguire from receiving certain insurance monies from one of the other defendants, which monies had become payable in consequence of the loss of the buildings upon the premises. Maguire upon the coming in of his answer moved to dissolve the injunction; and the vice chancellor dissolved it so far as it restrained Maguire from receiving and the insurance company from paying the…
1Opinion of the Court
The Chancellor.
The whole of the proceedings to which this appeal relates appear to have been useless and unnecessary,' as well as the appeal itself. And the only erroneous proceeding which required correction was the order of the 6th of February, vacating the vice-chancellor’s certificate of probable cause with costs. Even that would have been no injury to the complainant if it had not charged him with the payment of the costs of the application, as it was in this case of no consequence to either party whether the certificate was vacated or remained in full force.
The sixty-first section of…
2Cited by11 opinions
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- Sixth Avenue R.R. Co. v. . Gilbert E.R.R. Co.New York Court of Appeals · 1877
- Fawcett v. Superior CourtWashington Supreme Court · 1896
- Hawkins v. StateIndiana Supreme Court · 1890
- Sixth Avenue Railroad v. Gilbert Elevated RailroadNew York Court of Appeals · 1877
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