Fitzpatrick v. Flagg
New York Court of Common Pleas
Appeal from an order confirming the report of referee. This action was brought against Mr. Flagg, the comptroller of the city of New York, and others, in their capacity as officers of the "Corporation. The plaintiff procured an injunction in the action, which, being subsequently dissolved, the defendants obtained an order of reference to ascertain the damages they had sustained by reason of the injunction.
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Appeal from an order confirming the report of referee. This action was brought against Mr. Flagg, the comptroller of the city of New York, and others, in their capacity as officers of the "Corporation. The plaintiff procured an injunction in the action, which, being subsequently dissolved, the defendants obtained an order of reference to ascertain the damages they had sustained by reason of the injunction. The defendants claimed to be allowed counsel-fees which had been paid by the Corporation to counsel employed on their behalf in dissolving the injunction. These fees the referee allowed.…
1Opinion of the CourtHilton, J.
—-It may now be considered settled, that reasonable counsel-fees and expenses which a party is put to in procuring a dissolution of an injunction, constitute damages sustained “by reason of the injunction,” and, as such, may be recovered in a proceeding upon an undertaking given pursuant to the provisions of section 222 of the Code. (Edwards a. *190Bodine, 11 Paige, 234; Aldrich a. Reynolds, 1 Barb. Ch., 613 ; Wilde a. Joel, 15 How. Pr., 320.) But in this case it is claimed that the defendants, as individuals, have sustained no damage; that it was the duty of the corporation counsel to have…
2Cases cited2 opinions
- Aldrich v. ReynoldsNew York Court of Chancery · 1846
- Wilde v. Alfred & Louis JoelThe Superior Court of New York City · 1857
3Cited by3 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Patterson v. BloomerNew York Supreme Court · 1868
- Lockwood's Dollar Cleaners, Inc. v. LockwoodNew York Supreme Court · 1930