Majority
p. 917Brayton Ives et al., Resp’ts, v. Elijah Smith et al., App’lts. (Supreme Court, General Term, First Department, Filed December 2, 1889.)
Headnote
1. Corporations—Right op resident stockholders to maintain action FOR INJUNCTION AGAINST FOREIGN.Resident stockholders of a foreign railroad corporation may maintain an action to restrain the corporation from constructing or aiding in the construction of branch lines of railway or building a bridge, and using the proceeds of its consolidated bonds for that purpose where that will be injurious to the interests of its stockholders, where some of the directors have been served, the corporation has appeared and the bonds are within the jurisdiction of the court.
2. Same—Injunction pendente lite.
In such action, where the plaintiff establishes, by a preponderance of evidence, that such action of the corporation will be injurious to the stockholders, an injunction pendente lite will be continued.
Appeal from order of the special term continuing injunction, etc.
The opinion below is reported in 19.1ST. Y. State Rep., 556.
Edgar M. Johnson, for app’lts; Ohas. W. Wetmore, for resp’ts.
As the parties have had ample opportunity to try the questions involved upon the motion for an injunction be».
p. 918
fore the special term, where the issues might have been disposed of upon testimony given in open court and not upon affidavits, it does not seem to be necessary that the court should enter upon an extended discussion of the questions presented upon this appeal and the order appealed from should be affirmed, with ten dollars costs and the disbursements, upon the opinion of the court below. Van Brunt, P. J., and Bartlett, J., concur.