Colgate v. James T. White & Co.

U.S. Circuit Court for the District of Southern New York

Colgate v. James T. White & Co.

169 F. 887, 1909 U.S. App. LEXIS 5485

CourtU.S. Circuit Court for the District of Southern New York

DecidedFebruary 27, 1909

StatusPublished

This text of 169 F. 887 (Colgate v. James T. White & Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colgate v. James T. White & Co., 169 F. 887, 1909 U.S. App. LEXIS 5485 (circtsdny 1909).

Pincite

Opinion

NOYES, Circuit Judge.

While there is much doubt about the questions discussed in the briefs, I am inclined to the opinion that the complainant presents a case calling for the preservation, so far as practicable, of the status quo of the parties pending the litigation. If an injunction is not issued, the complainant may suffer the very injury of which he complains before the cause can be heard. 'If it is issued, the defendant will suffer no especial harm, and for any possible injury, should be protected by a bond.

Upon filing a proper and sufficient bond, therefore, an injunction ’ may be issued restraining the defendants pendente lite from publishing the complainant’s portrait, or his biography so far as the same may be based upon information obtained from him, and from enforcing the subscription contract. If the parties cannot agree as to the amount, form, and sufficiency of the bond, the matter may be presented to the court upon affidavit.

Free access — add to your briefcase to read the full text and ask questions with AI

NOYES, Circuit Judge.

While there is much doubt about the questions discussed in the briefs, I am inclined to the opinion that the complainant presents a case calling for the preservation, so far as practicable, of the status quo of the parties pending the litigation. If an injunction is not issued, the complainant may suffer the very injury of which he complains before the cause can be heard. 'If it is issued, the defendant will suffer no especial harm, and for any possible injury, should be protected by a bond.

Upon filing a proper and sufficient bond, therefore, an injunction ’ may be issued restraining the defendants pendente lite from publishing the complainant’s portrait, or his biography so far as the same may be based upon information obtained from him, and from enforcing the subscription contract. If the parties cannot agree as to the amount, form, and sufficiency of the bond, the matter may be presented to the court upon affidavit.

Cite This Page — Counsel Stack

Bluebook (online)

169 F. 887, 1909 U.S. App. LEXIS 5485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colgate-v-james-t-white-co-circtsdny-1909.