Ambursen Hydraulic Construction Co. v. Eastern Cement Gun Co.
Court of Chancery of Delaware
Bill to Set Aside an Agreement. The bill is filed prir marily to set aside, on account of fraud, an agreement whereby the complainant subscribed'for stock of the defendant company, to obtain a return and cancellation of certain promissory notes, given by the complainant pursuant to the agreement and to enforce re-payment of part of the money paid for. the stock.
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Bill to Set Aside an Agreement. The bill is filed prir marily to set aside, on account of fraud, an agreement whereby the complainant subscribed'for stock of the defendant company, to obtain a return and cancellation of certain promissory notes, given by the complainant pursuant to the agreement and to enforce re-payment of part of the money paid for. the stock. Incidentally, the bill seeks to permanently enjoin suit on the subscription agreement and the notes, and a .preliminary injunction is sought for like purpose pending the hearing and determination of the cause. At the return of a rule…
1Opinion of the Court
The Chancellor.
It is alleged in the bill (which is sworn to) that suit on the note due July 2-5, 1913, had been threatened by the defendant company, to whom it was given. A rule for a preliminary injunction to restrain suit by the defendant company was heard on the bill and ex parte affidavits. The fraud is denied, also the intention on the part of the defendant company to sue on the notes. The affidavits of two officers of the company to whom the notes were given, were, as to the possession of the notes, as follows:
“The promissory note or notes of the said complainant referred to in the bill…
2Cases cited6 opinions
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Marvel v. OrtlipCourt of Chancery of Delaware · 1866
- Kinney v. EnsmingerSupreme Court of Alabama · 1888
- Sinnett v. MolesSupreme Court of Iowa · 1873
- Swift v. SwiftSupreme Court of Georgia · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lionel Corp. v. KleinCourt of Chancery of Delaware · 1954