the D. & N. O. Railway Construction Company to the defendant the M. Trust Company].

FORM No. 586.

Against transfer of stock.

From transferring, assigning, hypothecating, incumbering or in any manner disposing of or interfering with the

shares

Company

of the stock of the Company [mentioned and referred to in the complaint herein3] [except to the plaintiff], and from making any tansfers thereof on the books of said or otherwise [except to the plaintiff] [and the said company are, in like manner, restrained from permitting such sale, transfer, except as aforesaid], and from incumbering the same - and from paying any dividend thereon [except to the plaintiff] without the order of this court.

FORM No. 587.

Against transferring assets.36

From selling, assigning, transferring, pledging, or otherwise disposing of any of his property [except what is by law exempt from execution], or from in any manner interfering there with [and from confessing judgment, or giving preference to any other creditor, over this plaintiff] until the further order of the

court.

FORM No. 588.

Against assigning, etc., patents.

From making any transfers or assignments of, or granting any licenses, rights or privileges secured by or under the letters patent mentioned in the complaint,39 and known as the patents, or granting any licenses or rights of any kind for the use of the invention covered by said patents, or making any contracts therefor [in the name of the Company, or as directors thereof] in any manner whatsoever, or in any way incumbering or interfering therewith, until the further order of the court.

FORM No. 589.

Against removing chattels.

From removing or interfering with any property of the plaintiff or the firm of Y. Z. & Co., contained in the store No.

street, in the city of

or interfering in any way with the plaintiff or his said firm in the peaceable enjoyment and possession thereof.40

FORM No. 590.

Against receiving moneys from the sheriff.

From receiving or collecting from the said sheriffs of county, Pennsylvania, any part of the proceeds in their hands of a sale of [designating assets] or from preventing directly or indirectly the said proceeds from remaining in the hands of said sheriffs respectively until the trial and determination of this action.

But nothing herein contained shall be held or be taken in any manner to impair or affect any lien which the defendants may have acquired by virtue of their said actions or proceedings in Pennsylvania, it being the purpose and intent of this order that, until the trial and decision of this action, the parties should remain in precisely the same condition in respect to said facts that they were in at the time of the argument of this motion.11

3. AS TO PRODUCTION OF Mind or Art.

FORM No. 591.

Against publishing book.

From printing, publishing, or causing or being in any way concerned in the printing, publishing, or selling, or exposing to sale, or otherwise disposing of, any copies of [designate book], or any other book purporting to be or resembling the book so printed, published, and sold by or for plaintiff [other than and except plaintiff's own selection, printed and published by plaintiff's order, and for plaintiff's use and benefit].

FORM No. 592.

Against imitating plaintiff's publications.

[From publishing, issuing, circulating, selling, or exposing for sale, the books or pamphlets referred to in the complaint in this action as having been published, issued, sold and exposed for sale

40 If the injunction does not relate to all the property on the premises, it is better and usually necessary to specify what is covered.

41 See Warner v. Jaffray, 96 N. Y. 248.

by the defendants, and thus using and violating the trade-mark of plaintiffs, as set forth in said complaint, and from publishing. issuing, circulating, selling or exposing for sale any imitation or colorable imitation of the books or pamphlets set forth in said complaint, and thus using and violating the trade-mark of plaintiff's, as set forth in said complaint; and from publishing, issuing, circulating, selling or exposing for sale, any imitation or colorable imitation of the books or pamphlets as set forth in said complaint; and thus using and violating said trade-mark, as in said complaint alleged, and"] from using the name of "National System of Penmanship" in conneetion with any books or pamphlets published or sold by said defendants, or any of them, resembling the "Payson, Dunton & Scribner's National System of Penmanship," and from [issuing, circulating, selling or exposing for sale, any books or pamphlets, and using any trade-marks so contrived or expressed as br colorable imitation or otherwise to represent that the books and pamphlets published and sold by defendants, or either of them, are the same as those published and sold by plaintiffs called the "Payson, Dunton & Scribner's National System of Penmanship.”

FORM No. 593.

Against sale or disposition, but not against use, of plants, etc., for publication.44

From assigning, transferring, selling or disposing of the plates, illustrations and material used for and in the publication of the books, and all the property, assets, books and accounts of the Publishing Company, and from removing the said plates, illustrations, material, property, assets, books and accounts from the office of the company in the city of New York during the pendency of this action.

FORM No. 594.

Against representation of drama.45

From further representing or exhibiting or using the play or drama or composition entitled "Taken from Life," the scenes, incidents, stage business, stage appurtenances, cast of characters, the individualities thereof, dress, deportment of the dramatis persona and the stage settings of the plaintiff's said play or

42 Better describe them.

43 The clauses in brackets indicate relief which can only be sought in courts of the United States. Potter v. MacPherson, 21 Hun, 559. Com

pare Isaacs v. Daly, 39 Super. Ct. (J. & S.) 511.

44 See Stearns v. Sherman, 42 Hun, 659, 4 St. Rep. 507.

45 Sustained in Colville v. McDon. ough, 16 Wkly. Dig. 189.

drama, and from representing, exhibiting, or performing, or causing to be represented, exhibited or performed, any play or drama under the title of the plaintiff's play or drama hereinbefcre mentioned, or any simulation thereof; and from performing, exhibiting or representing, or causing to be represented, exhibited or performed any play or drama or the scenes, incidents, stage appurtenances, cast of characters, the individualities thereof, or the dress or deportment of the dramatis persona, similar to the plaintiff's said play or drama, or the scenes, incidents, stage business, stage appurtenances, cast of characters, the individualities thereof, or the dress or deportment of the dramatis persone of the plaintiff's play or drama composition and origination.

FORM No. 595.

Against publishing private letter.46

From printing, publishing, circulating, or in any manner, either by writing or otherwise, making public a letter written by M. N. on or about the 19, and for

warded to O. P. at

day of

, or any part thereof.

FORM No. 596.

Against utilizing patents.

to

From manufacturing, doing business under, using, making any contract for or in relation to the employment of licensing, leasing, selling rights under, receiving, selling, assigning or transferring or otherwise disposing of the patents set forth in said affidavit, viz. Patents numbers both inclusive, or any of them, and the rights accruing thereunder to some or any other person or persons or body corporate other than plaintiff, and from taking any proceedings thereunder, in any way or ways whatsoever [and from putting up, or in use, the implements, machines, contrivances, inventions, appliances or any of them, or the parts of them, or any of them, pertaining to said patents and systems in any way whatsoever. 147

46 See Woolsey v. Judd, 4 Duer, 379, 11 How. Pr. 49.

47 In Continental Store Service Co. v. Clark, 100 N. Y. 365, the clause here indicated in brackets was struck

60

out on appeal, and the decision in this respect affirmed on the ground that it exceeded the jurisdiction of a State court.

FORM No. 597.

Against resuming business after having sold business.48

From engaging in the business of within the limits of the city of torney or solicitor in any part of

directly or indirectly [or practicing as an at, either in his own name from endeavoring to in

or in the name of any other person; and duce any persons who were the clients of B. & C. to cease or abstain from employing A. & B. as their attorneys or solicitors.

FORM No. 598.

Against disclosure of secrets by clerk.

From taking or retaining any copies of, or extracts from, any of the books, papers, documents, or extracts of the above-named A. B. & Co., or either of them, in the possession, custody, or power of the defendant; and from communicating the said particulars, or the contents thereof, or any of the information therein contained, to any person or persons whatever; and from communicating any of the information possessed or acquired by him relating to the said copartnership, or the affairs or secrets thereof, or the clients thereof, by means of his having been employed as accountant or clerk by said A. B. & Co., and having access to said books, papers and documents.

FORM No. 599.

Against use of a secret in trade by one who acquired it in violation of contract.

From selling, or causing or procuring to be sold, under the title and designation of " Universal Medicine," or

48 See a stipulation of this character in a bill of sale, which the court held was not personal and could be enforced by the assignees. Am. Ice Co. v. Meckel, 109 App. Div. 93, 95 N. Y. Supp. 1060.

In Mogford . Courtenay (Chan. Div., 1881), 29 Wkly. Rep. 864. Fry, J., granted an injunction restraining the defendant from the issue of the circulars soliciting trade of customers of his firm when its term was about to expire, and also restraining him, his partner, servants and agents, from applying to any person who was a customer or correspondent of the late firm prior to the 30th of June, privately by letter, personally, or by traveler, asking such person or correspondent to continue to have deal

ings with the defendant, or not to deal with the plaintiff.

He said: "I enlarge the words which were used by the late Master of the Rolls in Labouchere r. Dawson, 13 L. R. Eq. 322; from "eustomer," to "customer and correspondent," because it appears that a considerable part of the value of this trade depends, not upon persons who are distinctly customers, but up n agencies and correspondence; and, therefore, as this same principle applies to both, I think it only just to extend it."

49 The loaning of money to a competitor in business may not be a breach of such an agreement. Sea. Salzman r. Siegelman, 102 App. Div. 406, 92 N. Y. Supp. 844.