Hyperlawhypertext legal database American Exchange Nat. Bank v. Goubert 130 N.Y.S. 1103

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American Exchange Nat. Bank v. Goubert

130 N.Y.S. 1103 Court N.Y. App. Div. Decision date 1911-07-07 English

Decision Majority — PER CURIAM. · Dissent — INGRAHAM, P. J.

Contents
p. 1103
AMERICAN EXCHANGE NAT. BANK, Appellant, v. GOUBERT et al., Respondents.
(Supreme Court, Appellate Division, First Department.
July 7, 1911.)

Headnote

Appeal from Trial Term, New York County. Appeal from judgment ( 67 Misc. Rep. 602 , 124 N. Y. Supp. 817 )
p. 1104
entered _ after trial at Trial Term, before the court without a jury, a jury having been waived.
Joseph M. Hartfield, for appellant.
Charles N. Morgan, for respondents.

Judgment affirmed, with costs.

(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.

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