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Von Bremen v. MacMonnies

132 A.D. 912 Court N.Y. App. Div. English

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p. 912
Henry Von Bremen and Herman T. Asche, Individually and as Copartners Doing Business under the Firm Name and Style of Von Bremen, Asche & Co., Appellants, v. Frank MacMonnies and William Von Elm, Individually and as Copartners Doing Business under the Name and Style of MacMonnies & Von Elm, Respondents.

Headnote

Appeal from an order, entered on the 7th day of May, 1909, denying a, motion for a preliminary injunction.

Without passing upon the question as to what, if any, relief the plaintiffs are entitled to, we affirm the order appealed from on the ground that no injunction is necessary to protect the plaintiff during ■ the pendency of the action. The question as to. what relief, if any, is to be granted should be left to be determined upon the trial of the action when the evidence is all before the court. The order should he affirmed, with ten dollars costs and disbursements.Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ, Order affirmed, , with ten dollars costs and, disbursements.