Wheeler v. Vimalert Co.

Appellate Division of the Supreme Court of New York

Wheeler v. Vimalert Co.

235 A.D. 643

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1932

StatusPublished

Cited by2 cases

This text of 235 A.D. 643 (Wheeler v. Vimalert Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wheeler v. Vimalert Co., 235 A.D. 643 (N.Y. Ct. App. 1932).

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Opinion

Order enjoining defendant Vimalert Company, Ltd., from prosecuting libel actions brought in the United States District Court and from instituting any further or other suits, and order on reargument, in so far as it denies said defendant’s motion to vacate the injunction, modified so as to provide that said defendant be enjoined only from commencing any further or other actions in connection with said defendant’s claim or claims against the plaintiffs arising out of the contract of purchase by plaintiffs of motors; and as so modified the orders are affirmed, "without costs. The court was without power to enjoin the prosecution of libel suits already brought in the United States District Court. (Riggs v. Johnson County, 6 Wall. [73 U. S.] 166, 194-196; Moran v. Sturges, 154 U. S. 256, 258; Central National Bank v. Stevens, 169 id. 432, 464; Beardslee v. Ingraham, 183 N. Y. 411, 417.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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Order enjoining defendant Vimalert Company, Ltd., from prosecuting libel actions brought in the United States District Court and from instituting any further or other suits, and order on reargument, in so far as it denies said defendant’s motion to vacate the injunction, modified so as to provide that said defendant be enjoined only from commencing any further or other actions in connection with said defendant’s claim or claims against the plaintiffs arising out of the contract of purchase by plaintiffs of motors; and as so modified the orders are affirmed, "without costs. The court was without power to enjoin the prosecution of libel suits already brought in the United States District Court. (Riggs v. Johnson County, 6 Wall. [73 U. S.] 166, 194-196; Moran v. Sturges, 154 U. S. 256, 258; Central National Bank v. Stevens, 169 id. 432, 464; Beardslee v. Ingraham, 183 N. Y. 411, 417.) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

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235 A.D. 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-vimalert-co-nyappdiv-1932.

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