Palmer v. . Foley
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term, which ordered a reference to ascertain defendant’s damages by reason of a temporary injunction herein. This action was brought by plaintiff to restrain defendant from intruding into, from exercising any of the powers, or performing any of the functions of the office of deputy chamberlain.
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Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term, which ordered a reference to ascertain defendant’s damages by reason of a temporary injunction herein. This action was brought by plaintiff to restrain defendant from intruding into, from exercising any of the powers, or performing any of the functions of the office of deputy chamberlain. Plaintiff, who was chamberlain, alleged title to the office in his deputy, and that defendant had intruded therein. A temporary injunction was granted, enjoining the defendant from, in any…
1Opinion of the CourtFolger, J.
It seems, that without some security given before the granting of an injunction order, or without some order of the court or a judge, requiring some act on the part of the plaintiff; which is equivalent to the giving of security— such as a deposit of money in court—the defendant has no remedy for any damages which he may sustain from the issuing of the injunction, unless the conduct of the plaintiff has been such as to give ground for an action for malicious or vexatious prosecution; nothing of Avhich is shoAvn in this case. Such is the indication of the remarks of the chancellor, in Cay.…
2Cases cited5 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Sturgis v. KnappSupreme Court of Vermont · 1860
- Miller v. . AdamsNew York Court of Appeals · 1873
- Drummond v. . HussonNew York Court of Appeals · 1856
- Cayuga Bridge Co. v. MageeNew York Court of Chancery · 1830
3Cited by82 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- City of Yonkers v. Federal Sugar Refining Co.New York Court of Appeals · 1917
- Margolies v. Encounter, Inc.New York Court of Appeals · 1977
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