Hyperlawhypertext legal database Norton v. El Arco Mines Co. 113 N.Y.S. 1141

← Cases

Norton v. El Arco Mines Co.

113 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1908-12-24 English

Contents

Majority

p. 1141
NORTON v. EL ARCO MINES CO. et al.
(Supreme Court, Appellate Division, First Department.
December 24, 1908.)

Headnote

Appeal from Special Term, New York County. Action by Charles W. Norton against the El Arco Mines Company and another, impleaded with Michael F. Campbell and another. From an order continuing an injunction pending the trial, Campbell and such other appeal. Affirmed on condition. Charles N. Studin, for appellants. Conrad S. Keyes, for respondent Norton. L. Barton Case, for respondents El Arco Mines Co. and another.

We think that upon the facts here disclosed, the Special Term was justified in granting an injunction pending the trial, to preserve the rights of the parties as they at present exist, leaving the merits to be determined upon the trial. We think, however, that the order should be affirmed upon condition that plaintiff increase the security given upon the injunction from $1,000 to $5,000. If this condition is complied with, within 20 days from service of the order to be entered herein, the order appealed from will be affirmed, with $10 costs and disbursements to abide the event. If the condition be not complied with, the order appealed from is reversed, and the motion for injunction denied, with $10 costs and disbursements.