Hyperlawhypertext legal database Stephen Merritt Burial & Cremation Co. v. Stephen Merritt Co. 133 N.Y.S. 1145

← Cases

Stephen Merritt Burial & Cremation Co. v. Stephen Merritt Co.

133 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1912-01-26 English

Contents

Majority

p. 1145
STEPHEN MERRITT BURIAL & CREMATION CO. v. STEPHEN MERRITT CO. et al.
(Supreme Court, Appellate Division, First Department.
January 26, 1912.)

Headnote

Appeal from Special Term, New York County. Action between the Stephen Merritt Burial & Cremation Company • and the Stephen Merritt Company and others. From an order granting motion .for injunction, defendants appeal. Modified and affirmed.
Charles R. Carruth, for appellants.
Richard Ely, for respondent.

We are of opinion that the right of the plaintiff to injunctive relief against the individual defendant is not sufficiently clear to entitle it at this time to a temporary injunction as granted by the order from which the appeal is taken. We do not pass upon the question as to such right at this time, leaving that to be determined upon the trial. The order appealed from should be modified, by confining the injunction to the defendant corporation, and, as so modified, affirmed, without costs.

CLARKE and SCOTT, JJ., dissent, and vote for affirmance.