p. 875The American Exchange National Bank, Appellant, v. Auguste A. Goubert and National Surety Company, Respondents.
Headnote
Injunction — liability on undertaking.Appeal from a judgment entered in the New York county clerk’s office on the 13th day of August, 1910, after a trial at Trial Term, before the court without a jury, a jury having been waived.
Judgment affirmed, with costs.
No opinion. Present — Ingraham, P. J. (dissenting), McLaughlin, Scott and Dowling, JJ.
(dissenting): I dissent upon the ground that the defendant, as a condition of obtaining an injunction, expressly agreed that if he failed to sustain the injunction upon the trial he would pay the debt of the plaintiff for which his stock was held as security, and he having failed upon the trial to sustain his claim for an injunction, under the undertaking he was liable for the full amount secured by the undertaking.