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Kuntz v. C. C. White Co.

8 N.Y.S. 505 Court N.Y. Gen. Term Decision date 1890-01-24 English

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p. 505
Kuntz v. C. C. White Co.
(Supreme Court, General Term, First Department.
January 24, 1890.)

Headnote

Injunction—Dissolution—Answer.
Where an answer denies all the equities of the complaint, an injunction granted on the complaint alone should he dissolved.
Appeal from special term, New York county.
Action by William F. Kuntz against the C. C. White Company. From an order appointing a receiver and granting an injunction, defendant appeals.
Argued before Van Brunt, P. J., and Brady and Daniels, JJ.
J. Fromme, for appellant. W. T. McCorkle, for respondent.

The injunction in this case was granted upon the complaint alone, and the answer denies all the equities of the bill. Upon the principles which have long obtained in such cases, this injunction should have been dissolved. The order should be reversed, with $10 costs, and disbursements, and the injunction dissolved.