Church v. Haeger — 66 N.Y. St. Rep. 681

Majority

p. 681

George M. Church et al., Pl’ffs, v. Annie C. Haeger, Def't.

(New York Common Pleas, Special Term,

Filed March 25, 1895.)

Headnote

1. Injunction—Recital on grounds.

The omission to recite in the injunction order the grounds for the injunction is a mere irregularity, where the order states that it was made on the verified complaint and an affidavit, copies of which, containing the grounds on which the order was granted, were served with it on the defendant, and and refers the defendant to them as therein stated.

2. Same—Sale.

A sale of chattels of special value, not ascertainable by any recognized, standard, will be enjoined

p. 682

Motion to continue a tempary injunction and cross motion to vacate it.

Bernard J. Douras, tor pl’ffs; Jacob Fromme, for def’t.

The omission in the injunction order to recite the grounds for the injunction, as required by section 610 of the Code, is a mere irregularity, and should be disregarded, as the order states that it was made on the verified complaint and the affidavit of William H. Howell, copies of which, containing the grounds on which the order was granted, were served with it on the defendant, and refers the defendant to them as therein stated. Atlantic & P. Tel. Co. v. Baltimore & O. R. Co., 46 Super. Ct. 377, 409, 410. See Daly v. Amberg, 36 St. Rep. 713 , The motion to vacate the order by reason of such omission is therefore denied.

It satisfactorily appearing from the papers submitted that many of the articles of personal property referred to in the complaint were wedding presents, possessing a peculiar and special value to the plaintiffs, aside from their general market value, and which could not be ascertained by any recognized standard, and that the sale of the same would result in irreparable loss, the motion to continue the injunction should be granted (Spel Extr. Bel. p. 437, § 536), with $10 costs to abide the event.

The security given by the plaintiffs, however, is wholly insufficient, and they should, within five days after the entry of the ■order, give an undertaking in the sum of $3,000 that the plaintiffs will pay to the defendant such damages, not exceeding said sum, as she may sustain by reason of the injunction, if the court finally decides that the plaintiffs were not entitled thereto. On giving such undertaking, the injunction is continued. If the foregoing terms are not complied with, the motion to continue the injunction is denied, with $10 costs. Order to be settled upon one day’s notice.