5 N.Y.S. 344 | N.Y. Sup. Ct. | 1889
These two actions are similar in their facts and in their objects, and they are brought to obtain injunctions restraining perpetually the collection of a judgment recovered in favor of the defendant against the Fleming Cut Sole Company, the plaintiff in the first action; the rights of the plaintiff Mills in the second action being substantially the same, and depending upon the same facts as the action of the Fleming Cut Sole Company, the plaintiff in the first action. The claim of the corporation to have judgment stayed is based upon a want of consideration for the note upon which the judgment was entered. Mills, the plaintiff in the second action, is a large stockholder in th,e company, and he sought to obtain an injunction restraining
Pratt, J., concurs.