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Mary B. Lyon, as Executrix, etc., et al., Appellants, v. Charles W. Hersey et al., Respondents, 1885 — 100 N.Y. 641 · caselaw · US
General
Mary B. Lyon, as Executrix, etc., et al., Appellants, v. Charles W. Hersey et al., Respondents
100 N.Y. 641·New York Court of Appeals·1885·NY
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Opinion
Mary B. Lyon, as Executrix, etc., et al., Appellants, v. Charles W. Hersey et al., Respondents.
(Argued November 24, 1885;
decided December 8, 1885.)
This was an appeal from an order of General Term, affirming an order of Special Term, fixing defendants’ damages by reason of an injunction herein.
The following is the mem. of opinion:
“ The right of the defendant to damages on account of the injunction is not disputed, and we see no reason to interfere with the result reached at the General Term. There is some evidence that all the items of damages were sustained by reason of the injunction, and that the damages were as much as allowed. We have nothing to do with the weight or the cogency of the evidence.
“ The order should be affirmed, with costs.”
C. D. Adams for appellants.
N. E. Kernan for respondents.
[MAJORITY — Per Curiam]
Per Curiam
mem. for affirmance.
All concur.
Order affirmed.