Waddell v. Bruen
New York Court of Chancery
Bill filed against the defendant Matthias Bruen, on the ground that he, being trustee, wrongly took the title in himself and in the defendant Alexander M. Bruen; and that • ’ certain releases, executed by the complainants, were void. The allegations, embracing the equity, were charged on information and belief. A preliminary injunction had been granted j a motion was now made on the bill alone, to dissolve it.
1Opinion of the Court
The Vice-Chancellor :
The bill, on its face, shows a clear case enough for equitable relief. But the material allegations are only on the complainant’s information and belief. They are not such allegations, therefore, as entitle the complainants to a preliminary injunction. Nor is such an injunction essential in order to secure the complainants in theix rights. The filing of a lis pendens will answer all the purposes of the injunction granted in limine : Osborn v. Taylor, 5 Paige’s C. R. 515.
Injunction dissolved. Costs may abide the event.
2Cited by2 opinions
- Gregory v. GregoryThe Superior Court of New York City · 1871
- Niles v. United States Trust Co.Court of Appeals for the D.C. Circuit · 1903