Appellate Division of the Supreme Court of New York, 1909

Drayton v. Franco-American Ferment Co.

Drayton v. Franco-American Ferment Co.
Appellate Division of the Supreme Court of New York · Decided June 15, 1909
133 A.D. 887; 117 N.Y.S. 1133
Drayton v. Franco-American Ferment Co.

Opinion of the Court

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.

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