Legal Opinion

Dey v. Brenack Stevedoring Co.

District Court, E.D. New York

Decided March 1, 1921Published

In Equity. Suit by Elmer E. Dey, Jr., -trading as the Dey Lumber Company, against the Brenack Stevedoring Company, Incorporated. On motion by the Home Mortgage Investment Company and another to vacate temporary injunction.

1Opinion of the Court

GARVIN, District Judge.

Complainant, Elmer E. Dey, Jr., brought suit in equity, alleging that he is a creditor of defendant for goods sold and delivered; that defendant is solvent, hut 'owes large sums of money, including a first mortgage for $60,000, which has been foreclosed, and under which the real property of the defendant is about to be sold in an action in the state court at a sacrifice, whereby complainant will be unable to secure payment of the money due him from defendant, and great and irreparable damage will be done to complainant and other creditors of defendant. The complaint…

2Cases cited2 opinions

  1. In re SchmidtDistrict Court, D. New Jersey · 1915
  2. Central Dist. Printing & Telegraph Co. v. Farmers' & ProDucers' Nat. Bank of SistersvilleCourt of Appeals for the Fourth Circuit · 1918

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