Ætna Explosives Co. v. Bassick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edgar W. Bassick and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of January, 1917, granting an injunction pendente lite.
1Dissent
Scott, J. (dissenting):
I am unable to concur in the reversal of the order appealed from. The purpose of the present action is to restrain the prosecution of certain actions at law against the present plaintiff, until the equitable defenses which plaintiff asserts against the claims embraced or to be embraced in the legal actions can be passed upon by a court of equity which alone has power to grant relief. That the court acting as a court of equity *586has power to grant an injunction under such circumstances, and in a proper case, is well settled and cannot be questioned, proper security having…
2Cases cited4 opinions
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- McHenry v. . HazardNew York Court of Appeals · 1871
- Lown v. SpoonAppellate Division of the Supreme Court of the State of New York · 1913
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913