Bonito v. Mosquera & Co.
The Superior Court of New York City
This is an appeal, by the plaintiffs, from an order denying a motion for an injunction pendente lite, as prayed for in their complaint. The plaintiffs in this action are Charles Bonito and Antonio Duque, composing the firm of Bonito & Co., doing business at Bogota, in the Republic of New Grenada.
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This is an appeal, by the plaintiffs, from an order denying a motion for an injunction pendente lite, as prayed for in their complaint. The plaintiffs in this action are Charles Bonito and Antonio Duque, composing the firm of Bonito & Co., doing business at Bogota, in the Republic of New Grenada. The defendants are Tomas Cipriano Mosquera and Aníbal Mosquera, composing the firm of Mosquera & Co., Clinton Hitchcock and Richard A. Reading, composing the firm of Hitchcock & Reading, and Samuel F. Tracy. The firms of Mosquera & Co., and Hitchcock & Reading, do business in the City of New York.…
1Opinion of the CourtHoffman, J.
"This statement is sufficiently accurate to raise the material questions in the case.
*412“ First. Have Hitchcock and Reading a right to be subrogated to the claim of Mosquera & Co. ?
‘‘Next. Have they a right, beyond or independently of that claim, for their own advances to Mosquera & Co. ?
“ The admitted price of the ceroons is now about $32 each, which would yield, say $50,000. If Mosquera & Co. establish their whole account, the proceeds will do no more than pay it. If it is reduced, as claimed, to about $24,000, then, even if Hitchcock and Reading can be substituted for this amount, they must…
2Cases cited6 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Covill v. Hill & SanfordNew York Supreme Court · 1847
- McFarland v. WheelerNew York Supreme Court · 1841
- Stevens v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1846
- Urquhart v. M'IverNew York Supreme Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cartwright v. . WilmerdingNew York Court of Appeals · 1862
- First National Bank of Toledo v. ShawNew York Court of Appeals · 1874
- Howland v. . WoodruffNew York Court of Appeals · 1875
- Merchants' Bank of Canada v. LivingstonNew York Court of Appeals · 1878
- Bliss v. BlissThe Superior Court of New York City · 1860
3 more not listed; retrieve them via the Exa API.