Norfolk & New Brunswick Hosiery Co. v. Arnold
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 31, 1894, which modified, and aifinned as modified, an order of Special Term granting an injunction pendente lite. This action was brought to restrain defendant from prosecuting certain actions.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 31, 1894, which modified, and aifinned as modified, an order of Special Term granting an injunction pendente lite. This action was brought to restrain defendant from prosecuting certain actions. The plaintiff was under written contract, dated April 10,. 1882, to pay the defendant royalties for the use of certain patented inventions at the rate of $500 monthly and to aggregate not less than $12,000 per annum. It paid the royal-, ties for several years, and then, claiming to have discovered…
1Opinion of the Court
Earl, J
The claim of the defendant is that, upon the facts made to appear in this case, the court had no jurisdiction to stay proceedings in the Common Pleas action, and the commencement of further actions to recover royalties under the contract between the parties.
The jurisdiction of a court of equity by action to restrain proceedings in actions pending in courts of law should be sparingly exercised, and only when other remedies are inade quote and the equities invoking its jurisdiction are apparent and strong. There is no hard and fast rule about it, and every case must depend largely upon…
2Cases cited3 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Hart v. Mayor of AlbanyNew York Court of Chancery · 1831
- Eldridge v. HillNew York Court of Chancery · 1816
3Cited by15 opinions
- People v. Lexington Sixty-First AssociatesNew York Court of Appeals · 1976
- Brewster v. J. & J. Rogers Co.New York Court of Appeals · 1901
- Aimee Realty Co. v. HallerMissouri Court of Appeals · 1907
- Alderman v. Tillamook CountyOregon Supreme Court · 1907
- Belfer v. LudlowNew York Supreme Court · 1910
10 more not listed; retrieve them via the Exa API.