David B. Rose, Appellant, v. William B. Post, Supervisor, etc., Respondent

David B. Rose, Appellant, v. William B. Post, Supervisor, etc., Respondent. (Submitted February 8, 1874; decided February 10, 1874.) This was an. appeal from an order of General Term, affirming a Special Term order which confirmed the report of a referee, on a reference to ascertain defendant’s damages on an undertaking given by plaintiff upon the granting of a preliminary injunction herein. The referee, allowed counsel fees for services rendered on the motion to dissolve the injunction, and also on the reference. These were the items questioned. Held, that the law upon this question has been too long and well settled to admit of doubt as to the propriety of the allowance. (See Edwards v. Bodme, 11 Paige, 223; Aldrich, v. Reynolds, 1 Barb. Oh. R., 613 ; Andrews v. Glenville Go., 50 N. Y., 282; Hovey v. Rubber Tip Oo., id., 335; JDisbrow v. Ga/rcia, 52 id., 654.) George Miller for the appellant. E. A. Carpenter for the respondent. [MAJORITY — Johnson, J.,] Johnson, J., reads for affirmance of order. All concur. Order affirmed.