Norton v. Woods
New York Court of Chancery
This was an application to dissolve an injunction which restrained the defendants from proceeding to collect a judgment recovered in the supreme court. W. Woods, one of the present defendants, had been a copartner with A. Bishop and H. Sulkley, and afterwards purchased out their interest, and took an assignment of all the partnership property and effects, and. agreed to pay all the debts of the firm.
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This was an application to dissolve an injunction which restrained the defendants from proceeding to collect a judgment recovered in the supreme court. W. Woods, one of the present defendants, had been a copartner with A. Bishop and H. Sulkley, and afterwards purchased out their interest, and took an assignment of all the partnership property and effects, and. agreed to pay all the debts of the firm. He after-wards brought a suit against Norton, in the name of himself and his former copartners, for the recovery of a demand alleged to have been due to the firm at the time of the assignment.…
1Opinion of the Court
The Chancellor.
The facts upon which this injunction rests are positively sworn to in the bill, as matters within the complainant’s own knowledge. .But the defendants could only deny them upon their information and belief, not being matters within their personal knowledge. So far, therefore, as the dissolution of the injunction depends upon the answer of the defendants, the equity of the bill is not sufficiently denied ; and the injunction should be retained until the hearing, to enable the complainant to substantiate these positive allegations of his bill by proof. It becomes necessary, then,…
2Cited by17 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Pack v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Norton v. WoodsCourt for the Trial of Impeachments and Correction of Errors · 1839
- Williams v. Mitchell's Adm'rSupreme Court of Alabama · 1857
- Fitch v. BatesNew York Supreme Court · 1851
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