Schieffelin v. Hawkins

New York Court of Common Pleas

Schieffelin v. Hawkins

1 Daly 289

CourtNew York Court of Common Pleas

DecidedJanuary 15, 1863

StatusPublished

Cited by2 cases

This text of 1 Daly 289 (Schieffelin v. Hawkins) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schieffelin v. Hawkins, 1 Daly 289 (N.Y. Super. Ct. 1863).

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Opinion

By the Court.

Daly, F. J.

I have already expressed my views upon this case at Special Term in overruling the de[296]*296muvrer to the complaint, and have nothing to add to the rear sons I then gave, in support of the conclusions that the plaintiffs were entitled to the equitable relief which they seek in the action. If the action is maintainable, the injunction to restrain Hawkins from disposing of the note is a necessary part of the relief sought, and the motion to vacate it was therefore properly denied.

The order appealed from should he affirmed with costs.

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By the Court.

Daly, F. J.

I have already expressed my views upon this case at Special Term in overruling the de[296]*296muvrer to the complaint, and have nothing to add to the rear sons I then gave, in support of the conclusions that the plaintiffs were entitled to the equitable relief which they seek in the action. If the action is maintainable, the injunction to restrain Hawkins from disposing of the note is a necessary part of the relief sought, and the motion to vacate it was therefore properly denied.

The order appealed from should he affirmed with costs.

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Bluebook (online)

1 Daly 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schieffelin-v-hawkins-nyctcompl-1863.

Opinion

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