Chase v. Traitel Marble Co.
New York Supreme Court
Motion to continue an injunction pendente lite. The action was brought by the plaintiff against the defendant, as assignee of a lease of the plaintiff’s premises, on which the latter, among other things, covenanted with the lessee “to .furnish sufficient steam power to run two gangs of saws, one rip saw, one planer, one rubbing bed, one polishing machine and one Riehle machine.”
Read the full summary
Motion to continue an injunction pendente lite. The action was brought by the plaintiff against the defendant, as assignee of a lease of the plaintiff’s premises, on which the latter, among other things, covenanted with the lessee “to .furnish sufficient steam power to run two gangs of saws, one rip saw, one planer, one rubbing bed, one polishing machine and one Riehle machine.” The plaintiff alleged that the defendant had, in violation of the covenant, taken and converted power for other machines which it had attached to the power sh¡aft, running from the boiler and machinery on the…
1Opinion of the CourtGiegerich, J.
It by no means clearly appears that the plaintiff has a cause of action based upon the defendant’s acts as disclosed. The continuance of the injunction would, I fear, he greatly to the prejudice of the defendant, in view of the fact that the operation of the machinery, alleged to be an invasion of plaintiff’s rights, has been open and continuous for the past six months, and important contracts to do work have been made by the defendant in reliance upon the continued operation of the machinery as at present in use. Indeed, so far is the plaintiff from making out a cause of action to the extent…
2Cases cited2 opinions
- Cromwell v. . SeldenNew York Court of Appeals · 1850
- Warsaw Water Works Co. v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1896