Lablache v. Kirkpatrick
City of New York Municipal Court
Appeal from an order made at special term denying an. .application to set aside the taxation of the plaintiff’s costs and ■denying a motion made by the defendants for a direction to tax «costs in their favor.
1Opinion of the CourtMcAdam, C. J.
The action was commenced to recover-$388 damages upon an undertaking executed by the defendants upon the granting of an injunction in the supreme court of the city of New York in an action wherein the plaintiff herein was the defendant The defendants herein were the sureties upon said undertaking. It was in the sum of $500, and was conditioned that the plaintiff in that action, would pay to the defendant therein (plaintiff here) any damages she might sustain by reason of the injunction, if the court finally decided that the plaintiff in that action was not entitled thereto; such damages to be…
2Cases cited2 opinions
- Lamoure v. CarylNew York Supreme Court · 1847
- Griffen v. BrownNew York Supreme Court · 1867