Star-Chronicle Pub. Co. v. New York Evening Post, Inc.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Star-Chronicle Publishing Company against New York Evening Post, Incorporated, and David Lawrence. Prom an order denying a motion for preliminary injunction, complainant appeals. This cause comes here on appeal from an order in which a motion for a preliminary injunction was denied.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Star-Chronicle Publishing Company against New York Evening Post, Incorporated, and David Lawrence. Prom an order denying a motion for preliminary injunction, complainant appeals. This cause comes here on appeal from an order in which a motion for a preliminary injunction was denied. The complainant is a corporation organized under the laws of the state of Missouri, and has its principal place of business in the city of St. Louis in that state. It is engaged in the publication of a…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). The common-law courts as a general rule redressed all injuries by giving the party wronged pecuniary damages, and it made no difference whether the action sounded in contract or in tort. It was not so in the courts of equity which afforded in proper cases the remedy of specific performance compelling one who committed a breach of contract to specifically perform his agreement, or enjoined him from not doing as he agreed. This equity did, where money damages afforded an inadequate relief, either because their amount could not be ascertained, or, if…
2Cases cited17 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- White v. . HoytNew York Court of Appeals · 1878
- Virginia v. West VirginiaSupreme Court of the United States · 1915
- Bank v. KennedySupreme Court of the United States · 1873
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3Cited by12 opinions
- Aetna Casualty & Surety Co. v. QuarlesCourt of Appeals for the Fourth Circuit · 1937
- Cresswell v. United StatesUnited States Court of Claims · 1959
- United States Potash Co. v. McNuttCourt of Appeals for the Tenth Circuit · 1934
- City of Memphis, Tennessee, for and on Behalf of the Memphis Light, Gas & Water Division v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1962
- United States v. Sabin Metal CorporationDistrict Court, S.D. New York · 1957
7 more not listed; retrieve them via the Exa API.