Durant v. Einstein
The Superior Court of New York City
Appeal from an order and decision of Justice McCunn, at special term, August, 1867. _ The facts will sufficiently appear in the opinion given at special term, as follows: McCunn, J. ' This is a motion to dissolve a temporary injunction.
Read the full summary
Appeal from an order and decision of Justice McCunn, at special term, August, 1867. _ The facts will sufficiently appear in the opinion given at special term, as follows: McCunn, J. ' This is a motion to dissolve a temporary injunction. The defendants, on the 11th of January, 1867, agreed to carry for plaintiff ten thousand shares of the preferred stock of the Chicago and Northwestern Railroad Company, and to pay for the same at $10 (per share) less than the market value thereof, which was then $80 per share. This agreement was to extend three months, plaintiff agreeing that, if the stoek…
1Opinion of the Court
By the court, Robertson, Ch. J.
The professed object of this action is to redeem certain securities in the hands of the defendants, upon paying the amount due thereon, and as incidental thereto, to obtain an order restraining the defendants from selling such securities until an account can be taken of the amount due the defendants. It is essentially, therefore, an equitable action, and must be governed by the well settled rules of equity jurisdiction; and if it cannot be maintained under those rules, the injunction order appealed from cannot stand.
A court of equity has no general jurisdiction…
2Cases cited3 opinions
- John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850
- Baldwin v. WeedNew York Supreme Court · 1837
- Butts v. EdwardsNew York Supreme Court · 1846
3Cited by2 opinions
- Schaaf v. FriesMissouri Court of Appeals · 1901
- Anderson v. CarothersWashington Supreme Court · 1898