Campbell v. Morrison
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the eighth circuit, dissolving an injunction. The complainant was the accommodation endorser of a note, made by D. S. & J. Cole, upon which a judgment had been obtained at law, in favor of Morrison, the defendant here, as the holder of the note.
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This was an appeal from a decision of the vice chancellor of the eighth circuit, dissolving an injunction. The complainant was the accommodation endorser of a note, made by D. S. & J. Cole, upon which a judgment had been obtained at law, in favor of Morrison, the defendant here, as the holder of the note. The complainant stated in his bill that, as he was informed and believed, the note was received by the defendant, from the drawers thereof, upon an usurious discount of four per cent a month for the six months the note had to run, and that $30 was also retained by the defendant, which was to…
1Opinion of the Court
The Chancellor.
The vice chancellor was right in dissolving the injunction in this case upon the matter of the bill alone, without reference to the facts stated in the affidavits on the part of the defendants. The material facts constituting the only equity upon which the injunction rest»ed, were not verified in such a manner as to authorize the issuing of a general injunction ex parte to stay the defendant from proceeding until a regular answer could be put in. The complainant does not profess to know any thing of the facts upon which his application for an injunction is founded. He therefore…
2Cited by25 opinions
- Spurgeon v. RhodesIndiana Supreme Court · 1906
- Matter of Peck v. . CargillNew York Court of Appeals · 1901
- Ballard v. Eckman & VetsburgSupreme Court of Florida · 1884
- Bennett Bros. v. CongdonMontana Supreme Court · 1897
- Lake Shore & M. S. Ry. Co. v. FeltonCourt of Appeals for the Sixth Circuit · 1900
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