Civil Procedure · MBE-tested
J. Coleman Drayton, Respondent, v. The Franco-American Ferment Company and Wilbur M. Bates, Appellants
133 A.D. 887·New York Supreme Court, Appellate Division·1909·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
J. Coleman Drayton, Respondent, v. The Franco-American Ferment Company and Wilbur M. Bates, Appellants.
Appeal from that part of an order, entered on the 1st day of June, 1909, denying a motion to continue an injunction which denies the defendants’ motion to vacate the injunction.
[MAJORITY — Per Curiam •:]
Per Curiam •:
The order appealed from is affirmed, with ten dollars costs and disbursements. Laughlin, J., voted for affirmance on the ground that there is no injunction order outstanding now. Ingraham and McLaughlin, JJ., dissented 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. Present — Ingraham, McLaughlin, Laughlin, Clarke and Houghton, JJ. Order affirmed, with ten dollars costs and disbursements.