Kean v. Colt
New Jersey Court of Chancery
The bill in this cace, filed November, 1845, by John Kean, representing himself to be a stockholder in the Society for establishing Useful Manufactures, for himself and all other stockholders of the said society who shall come in and seek relief by and contribute to the expense of the suit, .states, that the society was incorporated on the 22d November, 1791 ; that it was the intention of the legislature that the society should themselves carry on manufactures; and that the…
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The bill in this cace, filed November, 1845, by John Kean, representing himself to be a stockholder in the Society for establishing Useful Manufactures, for himself and all other stockholders of the said society who shall come in and seek relief by and contribute to the expense of the suit, .states, that the society was incorporated on the 22d November, 1791 ; that it was the intention of the legislature that the society should themselves carry on manufactures; and that the society so understood the law, and under that understanding bought the old mill seat at Paterson, and upwards of 700…
1Opinion of the Court
The Chancellor.
It is every day’s practice to hear an answer read as an affidavit, against a motion for an injunction. I cannot doubt that the court may hear the defendant by affidavit. The complainant gives notice of a motion for an injunction on his bill, and says the case is pressing, and that he cannot wait for an answer. The defendant,-then, should be heard in a shorter way than by anstver. Let the affidavits be read.
The first affidavit of Roswell L. Colt states, that he has been governor of the society since 1824. That he has searched the books and -papers of .the society, and finds no…
2Cases cited9 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Robinson v. SmithNew York Court of Chancery · 1831
- Mumma v. Potomac Co.Supreme Court of the United States · 1834
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
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