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Batterson v. Raymond

150 N.Y.S. 1076 Court N.Y. App. Div. Decision date 1914-12-24 Docket No. 6669 English

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p. 1076
BATTERSON, Respondent, v. RAYMOND et al., Appellants.
(No. 6669.)
(Supreme Court, Appellate Division, First Department.
December 24, 1914.)

Headnote

Appeal from Spepial Term, New York County. Action by James G. Batterson, against Harry Raymond and others. From an order granting an injunction, pendente lité (87 Mise. Rep. 229, 149 N. Y. Supp. 706 ), defendants appeal. Modified and affirmed.
Daniel P. Hays, of New York City, for appellants.
William P. Maloney, of New York City, for respondent.

The order appealed from should be modified, by requiring the plaintiff to give a bond, approved by a justice of the Supreme Court, in the penalty of $50,000, conditioned upon his paying the amount found-due by the final judgment in this action, not exceeding $50,000, and, .as so modified, affirmed, without costs to either party.