Milan Steam Mills v. Hickey

59 N.H. 241

• Court: Supreme Court of New Hampshire
• Decided: June 5, 1879
• Status: Published

Opinion

Allen, J.

If the plaintiffs lost their logs through the wrongful acts of the defendant, they are entitled to an adequate remedy. The defendant being insolvent, a suit at law would not afford relief, but would leave them to suffer irreparable injury, and the threatening purpose of the defendant would expose them to a constant recurrence of the mischief. To prevent irreparable injury, and give the plaintiffs an adequate remedy, equity will afford relief by enjoining the wrongful acts — Winnipiseogee Lake Co. v. Worster, 29 N. H. 443, 449, and cases cited Webber v. Grage, 39 N. H. 182 — and, as incident to the relief by injunction, will consider and adjust the question of damages. Bassett v. Salisbury Manf. Co., 43 N. H. 249.

Demurrer overruled.

Doe, C. J., did not sit: the others concurred.