Young v. Rondout & Kingston Gas Light Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 11, 1891, which affirmed an order of Special Term, continuing a temporary injunction granted herein. This action was brought by plaintiff as executor of the last will and testament of Thomas Cornell, deceased, a stockholder of the Eondout and Kingston Gas Light Company, to restrain said company from consolidating with the Kingston Electric Light, Heat and Power Company.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, made July 11, 1891, which affirmed an order of Special Term, continuing a temporary injunction granted herein. This action was brought by plaintiff as executor of the last will and testament of Thomas Cornell, deceased, a stockholder of the Eondout and Kingston Gas Light Company, to restrain said company from consolidating with the Kingston Electric Light, Heat and Power Company. The material facts are stated in the opinion. The injunction was unauthorized, because it does not appear from the…
1Opinion of the CourtFinch, J.
' The doctrine recently declared in Hudson River Telephone Co. v. Watervliet T. & R. R. Co. (121 N. Y. 397), seems to us decisive of this appeal. . To dissolve an injunction with the inevitable result of .defeating plaintiff’s remedy without a trial, we must be entirely satisfied that the case is one in which by settled adjudication the plaintiff, upon the facts stated, is not entitled to final relief. We cannot say that of this plaintiff’s complaint in advance of a trial.
The grievance alleged and sought to be prevented is a proposed consolidation of two companies which it is claimed will be…
2Cases cited1 opinion
- Hudson River Telephone Co. v. Watervliet Turnpike & R. R.New York Court of Appeals · 1890
3Cited by5 opinions
- Colby v. Equitable Trust Co.New York Supreme Court · 1907
- People's Gas & Electric Co. v. City of OswegoNew York Supreme Court · 1919
- Third Avenue Railway Co. v. SheaNew York Supreme Court · 1919
- Delavan v. New York, New Heaven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Robinson v. New Yorkk, Westchester & Boston Railway Co.New York Supreme Court · 1907