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ALLEN v. NEWMARKET INDUSTRIAL ASSOCIATES, INC.

No. 3951.

96 N.H. 340 (1950)

THEODORE ALLEN & a v. NEWMARKET INDUSTRIAL ASSOCIATES, INC. & a.

Supreme Court of New Hampshire

November 8, 1950.

Attorney(s) appearing for the Case

Walter M. Espovich (of Massachusetts) and J. Morton Rosenblum (Mr. Espovich orally), for the plaintiffs.

Hughes & Burns, Donald R. Bryant and Richard E. Shute (Mr. Bryant orally), for the defendant Newmarket Associates, Inc.

F. Clyde Keefe for the defendant Sam Smith Shoe Corporation.

DUNCAN, J.

The law is settled in this jurisdiction that damages resulting from breach of condition of an injunction bond may be determined in the equity action in which the injunction is issued. Carpenter v. Fisher, 68 N.H. 486, 493. See New England Box Co. v. Prentiss, 76 N.H. 313. Since this action was prosecuted to a final decree, the breach relied upon by the defendants is that the temporary...

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