Hovey v. . the Rubber-Tip Pencil Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, affirming an order of Special Term, setting aside the report of a referee awarding damages upon an undertaking given upon the granting of a temporary injunction herein. The referee awarded as damages $500 counsel fees paid by defendant upon the trial of the action. Defendant was entitled to reasonable counsel fees. (Edwards v. Bodine, 11 Paige, 224; Aldrich v. Reynolds, 1 Barb.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, affirming an order of Special Term, setting aside the report of a referee awarding damages upon an undertaking given upon the granting of a temporary injunction herein. The referee awarded as damages $500 counsel fees paid by defendant upon the trial of the action. Defendant was entitled to reasonable counsel fees. (Edwards v. Bodine, 11 Paige, 224; Aldrich v. Reynolds, 1 Barb. Ch., 613; Wilde v. Joel et al., 15 How. Pr., 329; Corcoran v. Judson, 24 N. Y., 106.) Any method or procedure deciding that…
1Opinion of the Court
Church, Oh. J.
No motion was made to dissolve the injunction, nor does it appear that any expenses were incurred in consequence of it. The expenses proved were the expenses and counsel fees in the management and preparation of the case for trial, and the trial of the same, and no evidence was produced to show that any part of the sum was expended by reason of the temporary injunction, nor but that the same amount would have been incurred if no temporary injunction had been issued.
The principles laid down at the General and Special Term accord with the recent decision of this court in Andrews…
2Cited by19 opinions
- Cross Properties, Inc. v. Brook Realty Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- Olsen v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1920
- Gerard v. GateauAppellate Court of Illinois · 1884
- Elsman v. Glens Falls Indemnity Co.New York Supreme Court · 1933
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