Eastburn v. Kirk
New York Court of Chancery
ON the coming in of the answer, in this cause, a motion was made, by the defendant, to dissolve an injunction restraining the defendant, who was a copartner with the plaintiffs, as booksellers, in the city of New- York, from using the copartnership name, or doing any act whatever on account of the copartnership concern.
1Opinion of the Court
The Chancellor.
The general rule is against the admission of affidavits in these cases, and the instances in which they have been admitted are special, and exceptions to the general rule. Lord Kenyon, when Master of the Rolls, appear^ to have doubted the correctness of the practice in any case. They have been admitted in cases of waste, and in cases analogous, resting on the same principle, and where irreparable mischief might ensue; and I am aware that partnership cases have been brought within this rule. In one of the cases cited, (2 Bro. 89.,) the affidavits sought to be read against the…
2Cited by3 opinions
- Roberts v. AndersonNew York Court of Chancery · 1816
- Poor v. CarletonU.S. Circuit Court for the District of Massachusetts · 1837
- Jenkins v. CraigIndiana Court of Appeals · 1898