Grant v. Quick
The Superior Court of New York City
The complaint was filed to set aside certain securities and agreements held by the defendant, upon the ground that they were all intended to cover usurious loans ; and an injunction Order, founded upon the complaint, had been issued, restraining the defendant from enforcing, or attempting to enforce the. payment of any of the securities, or the performance of any of the agreements so impeached.
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The complaint was filed to set aside certain securities and agreements held by the defendant, upon the ground that they were all intended to cover usurious loans ; and an injunction Order, founded upon the complaint, had been issued, restraining the defendant from enforcing, or attempting to enforce the. payment of any of the securities, or the performance of any of the agreements so impeached. A motion for the dissolution of the injunction was now made, founded upon the answer of the defendant, and upon affidavits, and it appeared, and was not denied, that prior to the filing of the…
1Opinion of the CourtDuer, J.
It is not denied that the necessary effect of the injunction which I am asked to dissolve, is to restrain the defendant from proceeding any further in the suit in the common pleas, and, without entering upon the question, whether the equity of the complaint is fully met by the answer, the prior institution of that suit, and its actual pendency, are regarded by me as conclusive reasons for granting the motion in its full extent.
The only ground upon which the court of chancery formerly acted, in granting an injunction, in cases like the present, was the inability of the court of law, in which a…
2Cited by11 opinions
- Davis v. ClarkIndiana Supreme Court · 1866
- Indiana & Illinois R. R. v. WilliamsIndiana Supreme Court · 1864
- Platto v. DeusterWisconsin Supreme Court · 1868
- Crowley v. DavisCalifornia Supreme Court · 1869
- Hawkeye Insurance v. HustonSupreme Court of Iowa · 1902
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