Conner v. Pennington
Court of Chancery of Delaware
Bill eor an Injunction.—The case made by this bill was as follows : The complainant and the defendant, Pennington, having been partners in the business of retailing goods, at Staunton, prior to the year 1816, under the firm of Otho Pennington & Co., dissolved the partnership by mutual consent in April of that year, and undertook to make a final settlement of the partnership transactions.
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Bill eor an Injunction.—The case made by this bill was as follows : The complainant and the defendant, Pennington, having been partners in the business of retailing goods, at Staunton, prior to the year 1816, under the firm of Otho Pennington & Co., dissolved the partnership by mutual consent in April of that year, and undertook to make a final settlement of the partnership transactions. Owing to the condition of some outstanding debts, including both debts due from and debts due to the firm, they were unable then to make a complete settlement. So, they made an adjustment exclusive of the…
1Opinion of the Court
The Chancellor
refused to order the writ of injunction, and assigned the following reasons :
The ground upon which a writ of injunction issues is, that the party is making use of the jurisdiction of a court of law, contrary to equity and good conscience; and it is commonly suggested in the bill, that the complainant, for some reasons therein stated, is not able to make his defence in such court, though he has a good discharge in equity; or that the court refuses some rightful advantage, or does injustice to him in the proceeding, or has not power to do him right. 1 Atk. 515, Hill vs. Turner : 1…
2Cited by7 opinions
- DuPont Bayard v. MartinSupreme Court of Delaware · 1953
- Tweed v. LocktonSuperior Court of Delaware · 1932
- Hudson v. LaytonCourt of Chancery of Delaware · 1919
- Smulski v. H. Feinberg Furniture Co.Superior Court of Delaware · 1937
- Burton v. WillenCourt of Chancery of Delaware · 1872
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