New York Court of Appeals

Francis A. Palmer, Appellant v. John Foley, Respondent

November 13, 187771 N.Y. 106

Summary

The New York Court of Appeals reversed the lower courts' order directing a reference to ascertain damages caused by a temporary injunction. It held that the plaintiff's voluntary discontinuance of the action did not constitute a final judicial determination that the injunction was unwarranted, so the condition of the injunction bond was not breached and the defendant had no right to damages.