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FORM No. 624.
Against inspectors receiving votes. And the defendants E. A. and H. R. S. are hereby restrained and enjoined from receiving, accepting, taking or granting, as inspectors of election or otherwise, any vote or votes cast or offered for the said R. A. or any one else on said shares of stock issued to said R. A. as aforesaid; and from recognizing any transfer upon the transfer-book of said corporation, of any of said stock so issued or assumed to have been issued to said defendant R. A., as aforesaid, which said shares are respectively represented by certificates numbered.
FORM No. 625. Against issue or transfer of stock, etc., to an officer. From voting, assigning, transferring or setting over to said R. A. any other or additional stock, excepting for cash at the par value thereof, and from voting, assigning, transferring and setting over to any other officer or director of said company any stock, excepting for cash at the par value thereof.
And the defendant R. A. is hereby enjoined and restrained from selling, transferring, assigning or disposing of any part cr portion of the shares given and transferred, or purporting to have been given or transferred, at any time prior to 19
or any part or portion of the shares given or travsferred to the said R. A., or purporting to have been given or transferred to him on the
19 or at any time thereafter, by virtue of any vote, resolution or action of the board of directors of the defendant corporation, or otherwise, or from suffering, causing or permitting any of the said shares of stock to be sold, assigned, transferred or set over to any person or persons whatever; and from voting on said stock or any portion thereof at any meeting of the stockholders, or at any election held by the said company or its stockholders; and from offering to vote upon the same at any such meeting or election; and from granting proxies to any person to vote upon said stock, or any of it, to be transferred on the transfer-book of the defendant corporation; and! from recording or permitting to be recorded in said transfer stockbook the issuance of said stock to said R. A.
FORM No. 626.
Against mortgaging railroad. To secure the complainant, and at the same time not to embarrass or obstruct the building and completion of the road, it is further ordered that the said railroad company and its officers be, and they are hereby temporarily restrained from executing any mortgage, or otherwise incumbering the said road, so far as it is now completed, to wit, from to
without the order of the court first obtained; and also from selling, leasing, incumbering or mortgaging the existing rolling stock of the said cornpany, or from removing the said rolling stock off the road or out of the (district); which said prohibitions shall apply not only to the said railroad company and its officers, but also to the said C. V. and W. X., and all the other defendants, until further order.
And the said defendants and each of them are hereby restrained from issuing any further bonds under the mortgage to M. N., without a previous application to the court for that purpose; and the said
are hereby restrained until further order from selling, incumbering or removing beyond the district or usual place of business or operation of the company any of its existing property, and this prohibition shall apply to U. V. and W. X. and the other defendants; and the said company shall within davs file a bond with sufficient security in the sum of $ , conditioned that the obligors will pay any sum which may be finally decreed to the said A. B. in respect to and his claims concerning the same; said bond to be approved by the clerk and with him filed.
FORM No. 627.
Against issuing corporate bonds.70 From issuing any bonds or other evidences of indebtedness of the
company, whether secured by mortgage or not, and from delivering the same to said defendants or either of them, or any other person or persons. Also from issuing or delivering any bonds or other evidences of indebtedness of said company to any or either of said defendants, or in any way appropriating the same or the proceeds thereof to the use of said defendants who claim to be directors of said company as in the complaint alleged, or any of them.
FORM No. 628.
Against paying interest on bonds. From ascertaining, determining, declaring or paying any interest whatever upon any of the so-called income bonds of the
Company. 70 See Rogers 1. Mich. South. & Utica, etc., R. R. Co., 61 How. Pr. N. I. R. Co., 28 Barb. 539; Cornell r.
FORM No. 629.
Against officers of a corporation executing a contract. From performing, executing, carrying out, fulfilling, ratifying or approving the contract or agreement made or purporting to be made between and set forth in the complaint herein (or any other contract providing for [etc.].
FORM No. 630. Against violation of agreement respecting corporate business. From removing, using, or in any manner interfering with any of the property, effects, assets, correspondence, books, papers, rights or things in action of the said “ New York Underwriters' Agency," and from in any manner interfering with the business of said agency, and from incurring, or creating, or attempting to incur or create, any obligation or liability against said “New York Underwriters' Agency," and from using the name of “The New York Underwriters' Agency" in connection with any other company than the plaintiff, and from doing any acts for the present or future creation or establishment of any business under the name of “ The New York Underwriters' Agency,” in any other connection than with the plaintiff.
FORM No. 631.
During the pendency of the existing agreement, which expires
19 from using the joint employees or agents of the
to promote the business of the new Underwriters Agency, which is to commence operations upon the of 19 or from using them in any other manner save in the strict line of their duty as such joint employees or agents; and during the like period from using for a similar purpose as are above forbidden the joint office, books, papers and materials.
FORM No. 632. Mandatory injunction against refusal to pay over funds,71 pursuant to a
continuing contract. From in any manner preventing or interfering with the closing up by the defendant S., his agents or servants, of the business of
71 An injunction pendente lite in these terms was sustained in Hanover Fire Ins. Co. v. Germania Fire Ins. Co., 33 Hun, 539.
In modifying the clause here following, the court at general term say:
“Something of this nature was quired to allow the settlement of the business of the agency to proceed. That could not be done without the use of some of the funds passing into the hands of the treasurer, and if he
the said N. Y. U. A. mentioned in the complaint herein, and from in any manner hindering or interfering with the direction or management of such closing up by the said S., or with the agents, assets, moneys, property or matters pertaining to the liquidation or closing up of the said business, and from appointing or otherwise authorizing any person other than the said S. to act in or about the liquidation, settling or closing up the said business; and that the said J. E. K. be restrained in like manner from prerenting or obstructing the closing up of the same; and that the said
persistently withheld them, the busi
itself would necessarily be brought for the time to an end, and that would violate the obligations of the agreement which these companies had entered into for the settlement of the atlairs of this agency, and it was as important that this should be prevented, as it was that the defendant Stoddard should be secured in the exercise of his authority to close the affairs of the agency. And some effectual direction was accordingly necessary to prevent the agreement which the parties had entered into for this purpose from being defeated. Whether an injunction is merely restraining in its effect or mandatory, is often a subject which cannot be clearly defined. The dividing line must necessarily, to some extent, be shadowy and intangible. That is shown by the authority of Rogers Locomotive Works 1". Erie Railway Company, 20 N. J. 579, where it was held that the court will not ordinarily award a mandatory injunction until the final hearing and disposition of the action. But that the court will do by means of this process what is necessary to prevent a defendant from defeating and f ustrating the rights of other parties is maintained by the authorities referred to in this decision and by those referred to in Hilliard on Injunctions (3d ed., 711).
“ This subject and the authorities relating to it were elaborately consid. ered in the opinion of Sharswood, J., appended as a note to page 7 of that work, and both from the text of the work itself and cases referred to in this opinion, it is evident that the
court may extend its restraints bp means of an injunction so far as that may be necessary to meet the emer. gencies of the particular case and prevent injustice. Possibly in this instance the injunction has gone fur. ther than the authorities will main. tain it. But there certainly will be no impropriety in prohibiting the de fendant Kahl, as the treasurer of this agency, from withholding the fund, in his hands or under his control, in that capacity, from the payment i any proper demand arising in the course of the settlement of the business of this agency. While that would not be precisely in the form in which the injunction has been issiled, and therefore not obnoxious to any of these authorities, it would still be az effectual for all the purposes of this business. Although the objection that this injunction has been extended too far may be well made, it may be modified in this manner without reducing its efficiency. For if the de fendant Kahl should, while under such a restraint, withhold the funds from the uses which the business requires should be made of them, he would be as much liable to punishment as he probably would be under the broad language of the present in. junction, to which exception map probably be taken. The facts of this case require no further modification. For this restraint imposed by the injunction will not be obnoxious to any of the cases which have been reærred to, nor to that of Akrill r. Selden, 1 Barb. 316, but will be sustained by the legal principles required to be ob served in the issuing of injunctions."
companies be severally enjoined and restrained during the pendency of this action from refusing, neglecting, or omitting to pay from time to time simultaneously and concurrently with each other, unless the said companies otherwise agree, their respective proportions of any adjusted loss, or any debt, charge, expense or liability, payable by them respectively, under the agreement dated
19 , set forth in the complaint, and for which pay. ment a demand shall be made by the said A. S., in manner authorized by the said agreement, or in any manner customary or usual heretofore in transacting the business of said agency.
FORM No. 633. Against railroad company interfering with construction of cross-road. From interfering with or obstructing, hindering, or preventing the plaintiffs, their servants, and agents from making and constructing the said bridge across and over the said Sherburn branch of the Clarence Railway, in the line or course prescribed by
and of the materials, and in the manner specified and directed by
; and they are in like manner restrained from continuing to maintain and uphold the walls [describing them] erected by the said defendants, or any other walls [etc.], whereby the plaintiffs, their agents [etc.], may be prevented from constructing the said platform, and from making up and completing the said bridge; and also from pulling down, taking up, or removing any scaffolding or other works or materials to be made deposited, or laid down by the plaintiffs, their servants and agents on the sides or slopes of the said Sherburn Branch Railway, for the purpose of making and constructing the same bridge; and from preventing or hindering the agents, servants, or workmen of the plaintiffs from passing across the said last-mentioned railway, at proper and seasonable times during the progress of the said works, for the purposes thereof, and taking down or removing (if necessary) any such walls [etc.] (the plaintiffs undertaking, during the progress of the said works, and every of them, not in any manner to interfere with or obstruct the traffic upon said Clarence Railway, and not in any respect to injure or damage the said Clarence Railway, or the works thereof, and undertaking to make and pay satisfaction to the defendants for any injury or damage which may be sustained by the defendants by or from any temporary use of their land on the sides or slopes of the said railway.72
72 From North of Engl., etc., Ry. Co. v. Clarence R. R. Co., 1 Coll. (28
Eng. Ch.) 507. See Osborne v. Jer. sey City, etc., Ry. Co., 27 Hun, 587.