Cumberland Coal & Iron Co. v. Sherman
New York Supreme Court
THE plaintiffs are a corporation created by the laws of the state of Maryland, for the purpose of mining coal, transporting and selling the same, &e. On the 21st of February, 1855, the defendant Sherman was elected a director of the company, and continued to act as such until the 29th of May, 1858, when he resigned.
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THE plaintiffs are a corporation created by the laws of the state of Maryland, for the purpose of mining coal, transporting and selling the same, &e. On the 21st of February, 1855, the defendant Sherman was elected a director of the company, and continued to act as such until the 29th of May, 1858, when he resigned. The complaint in this cause was filed December 6,1858, against the defendants Sherman and Dean, and the Hoffman Coal Company, a corporation also created by the laws of the state of Maryland. It was afterwards amended, by striking out, as parties defendants, the Hoffman Coal…
1Opinion of the CourtDavies, J.
The question presented for my decision is, whether I will dissolve the preliminary injunction granted in the cause, or continue the same till the hearing.
If the plaintiffs have made out a prima facie case for the relief asked for in the complaint, they are entitled to the remedy asked for ; or in the language of § 219 of the code, if it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission of some act, the commission of which during the litigation would produce injury to the plaintiff,…
2Cases cited3 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Robinson v. SmithNew York Court of Chancery · 1831
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
3Cited by77 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Adair v. . BrimmerNew York Court of Appeals · 1878
- Butts v. . WoodNew York Court of Appeals · 1867
- Wickersham v. CrittendenCalifornia Supreme Court · 1892
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