Ogden v. Kip
New York Court of Chancery
THE bill was filed, (June 23,) by the plaintiffs named, in behalf of themselves and such others as may come in and contribute to the costs and charges of the suit, being stockholders of the JYorth River Bank, charging the defendants with fraud and corruption, in the control and conduct of the election for directors, on the third day óf June, instant; and praying for a subpoena and injunction against nine of the new directors, to restrain them from all further interference…
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THE bill was filed, (June 23,) by the plaintiffs named, in behalf of themselves and such others as may come in and contribute to the costs and charges of the suit, being stockholders of the JYorth River Bank, charging the defendants with fraud and corruption, in the control and conduct of the election for directors, on the third day óf June, instant; and praying for a subpoena and injunction against nine of the new directors, to restrain them from all further interference with the management and agency of the bank, as directors, after the first Monday of July next; and that the election of…
1Opinion of the Court
The Ciiahcellgb,
who directed the motion to stand over until the coming in of the answers.
He said, that this was not the case of impending and Irreparable mischief to arise from delay. The bill is confined to the charge of a fraudulent abuse of trust in the present directors' of the bank, respecting the recent election of directors, and does not charge fraud or abuse in the ordinary pecuniary concerns of the institution. It is not the course and practice of the Court to grant injunctions in limine, and before answer, unless the injury be pressing, and the delay dangerous. The present directors…
2Cited by7 opinions
- French v. GiffordSupreme Court of Iowa · 1870
- Putnam v. SweetWisconsin Supreme Court · 1849
- Smith v. PoorSupreme Judicial Court of Maine · 1885
- Jones v. McPhillipsSupreme Court of Alabama · 1884
- Bulat v. LondriganNew Jersey Court of Chancery · 1902
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