Allen v. Newmarket Industrial Associates, Inc.

The law is settled in this jurisdiction that damages *342resulting from breach of condition of an injunction bond may be determined in the equity action in which the injunction is issued. Carpenter v. Fisher, 68 N. H. 486, 493. See New England Box Co. v. Prentiss, 76 N. H. 313. Since this action was prosecuted to a final decree, the breach relied upon by the defendants is that the temporary injunction was improper. So far as material the condition is in the language of Superior Court Rule 136 (93 N. H. appendix) and is to be construed no differently. Gowen v. Swain, 92 N. H. 157.

The plaintiffs…