Legal Opinion

Black v. Delaware & Raritan Canal Co.

Supreme Court of New Jersey

Decided June 15, 1873PublishedCited by 11 opinions

The bill in this cause was filed to restrain the execution of a lease by the United Companies of New Jersey, of their works to the Pennsylvania Railroad Company. At the Term of October, 1871, the Chancellor delivered his opinion, refusing a preliminary injunction. From the decree made in accordance therewith, the complainants appealed to this court.

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The bill in this cause was filed to restrain the execution of a lease by the United Companies of New Jersey, of their works to the Pennsylvania Railroad Company. At the Term of October, 1871, the Chancellor delivered his opinion, refusing a preliminary injunction. From the decree made in accordance therewith, the complainants appealed to this court. At the Term of June, 1872, the defendants moved for a rule to show cause why the appeal should not be dismissed, with leave to take affidavits to be read on the argument of the rule. The motion was granted,* and the following rule was thereupon…

1Opinion of the Court

The opinion of the court was delivered by

Van Syckel, J.

The bill in this case was filed to enjoin the United Companies of New Jersey from executing a lease of their roads and canal to the Pennsylvania Railroad Company for the term of nine hundred and ninety-nine years. The tacts of the case are fully stated in 7 C. E. Green 130.

The Chancellor refused to grant a preliminary injunction,, whereupon the complainants brought their case by appeal into this court for review. The questions upon which this contest must, in my judgment, be determined, will be considered without a further recital of…

2Cases cited1 opinion

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839

3Cited by11 opinions

  1. Leeds v. HarrisonNew Jersey Superior Court Appellate Division · 1950
  2. Bingham v. Savings Invest., C., E. OrangeNew Jersey Court of Chancery · 1927
  3. Gluck v. Rynda Development Co.New Jersey Court of Chancery · 1926
  4. Faunce v. Boost Co.New Jersey Superior Court Appellate Division · 1951
  5. Ace Bus Trans. Co. v. South Hudson, C., Assn.New Jersey Court of Chancery · 1935

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