Ambursen Hydraulic Construction Co. v. Eastern Cement Gun Co.

Citations

• 10 Del. Ch. 207
• 88 A. 559
• 1913 Del. Ch. LEXIS 22

Syllabus

<p>In a suit to enjoin actions on notes, where, on motion for a preliminary injunction, it was shown without contradiction by the affidavits of defendant’s officers that defendant did not have the possession or custody of such notes, but that they had been indorsed by it and were held by its indorsees, with no showing as to whom the indorsement was made, the preliminary injunction will be denied, since the court should not issue a futile order, and the allegation that the defendant had “indorsed” the notes had a technical meaning that it had parted with the ownership thereof.</p> <p>A preliminary injunction will not be dissolved, if either of the affidavits or the answer do not deny the material allegations of the bill, if there be a'lack of frankness in the answer, or for any reason it be not full and satisfactory, so that the court is satisfied that it has before it all the necessary facts.</p> <p>On a motion to dissolve an injunction after answer filed, the answer is properly treated as a mere affidavit, and may be sufficient for that purpose, though insufficient as an answer.</p>