New York Printing & Dying Establishment v. Fitch
New York Court of Chancery
The bill in this cause stated that the complainants, since 1824, have been and now are the owners and proprietors of certain real estate on Staten Island, on which they have made erections at great expense for manufacturing purposes, and of which they are in the actual and daily occupation and use, for the purposes contemplated in their act of incorporation; that among the erections and improvements connected with that real estate, is a dock and landing of great value and…
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The bill in this cause stated that the complainants, since 1824, have been and now are the owners and proprietors of certain real estate on Staten Island, on which they have made erections at great expense for manufacturing purposes, and of which they are in the actual and daily occupation and use, for the purposes contemplated in their act of incorporation; that among the erections and improvements connected with that real estate, is a dock and landing of great value and convenience to the complainants, in reference to their manufacturing business; that the defendants, the one as the master…
1Opinion of the Court
The Chancellor :—Where a motion is made to dissolve the injunction on the matter of the bill only, agreeably to the 75th rule of this court, the case must be viewed in the same manner as if it were an original application for the injunction, and opposed by the defendants’ counsel. If the complainants were now asking for this preliminary injunction, is this a case in which it would be proper for this court to grant their application? There are many cases in which the complainant may be entitled to a perpetual injunction on the hearing, where it would be manifestly improper to grant an…
2Cases cited4 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Bloomfield v. SnowdenNew York Court of Chancery · 1831
- Mayor of Rochester v. CurtissNew York Court of Chancery · 1840
3Cited by21 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Harrington v. St. Paul & Sioux City RailroadSupreme Court of Minnesota · 1871
- Audenried v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1871
- Indian River Steamboat Co. v. East Coast Transportation Co.Supreme Court of Florida · 1891
- T. B.R.R. Co. v. . B., H.T. W. Ry. Co.New York Court of Appeals · 1881
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