Legal Opinion

National Commodities Co. v. Viret

Court of Appeals for the Second Circuit

Decided February 4, 1924No. 230PublishedCited by 8 opinions

1Opinion of the CourtMayer, Circuit Judge

(after stating the facts as above), It is, of course, elementary that the granting or denial of a motion for preliminary injunction rests largely in the discretion of the Court, by which is meant the judicial discretion. It is also elementary that, to warrant the granting of a preliminary injunction, the showing must be clear and convincing as to the propriety of such relief.

In commercial cases of the character of that at bar the failure to grant an application for an injunction, particularly when the trial *666of cases is not promptly reached because of delays in an overburdened court, may have…

2Cases cited3 opinions

  1. Anheuser-Busch, Inc. v. Budweiser Malt Products Corp.Court of Appeals for the Second Circuit · 1923
  2. Pabst Brewing Co. v. Decatur Brewing Co.Court of Appeals for the Seventh Circuit · 1922
  3. Curtiss Aeroplane & Motor Corp. v. JaninCourt of Appeals for the Second Circuit · 1921

3Cited by8 opinions

  1. Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
  2. Caron Corp. v. Maison Jeurelle-Seventeen, Inc.District Court, S.D. New York · 1938
  3. Arneson v. DennyDistrict Court, W.D. Washington · 1928
  4. McFarland v. Building Material Teamster Local 282District Court, S.D. New York · 1960
  5. Bernhardt v. Polygraphic Co. of America, Inc.District Court, D. Vermont · 1954

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