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Drayton v. Franco-American Ferment Co.

117 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1909-06-25 English

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p. 1133
DRAYTON v. FRANCO-AMERICAN FERMENT CO. et al.
(Supreme Court, Appellate Division, First Department.
June 25, 1909.)

Headnote

Appeal from Special Term, New York County. Action by J. Coleman Drayton against the Franco-American Ferment Company and others. From an order denying a motion to continue injunction, defendant company appeals.
Affirmed.
F. Bien, for appellant.
C. E. Kelley, for respondent.

The order appealed from is affirmed, with $10 costs and disbursements.

LAUGHLIN, J., voting for affirmance, on the ground that there is no injunction order outstanding now.

INGRAHAM and McLAUGHLIN, JJ., dissent, on the ground that, upon the denial of the motion to continue the injunction, the preliminary injunction fell, and it was improper, therefore, to place in the order a statement that the motion by defendants to vacate the preliminary injunction was denied.