Bowery Sayings Bank v. Stadmuller

The defendants executed an undertaking such as is required by section 222 of the Code, upon procuring an injunction against the Bowery Savings Bank. The injunction was obtained in the superior court of the city of New York, and upon the discontinuance of the action by the plaintiff a reference was ordered by that court, to ascertain the damages sustained by the bank by reason of such injunction (7 Abb. Pr. N. S. 37). The referee made his report, which was confirmed in the superior court, and the plaintiff thereupon brought this action to recover the damages assessed by the referee (2 Wait Pr.…