105 N.J. Eq. 108 | N.J. Ct. of Ch. | 1929
Bennett Film Laboratories is a corporation of the State of California, which, for convenience, will be hereafter referred to as Bennett. Elasticap Company is a corporation of the State of New Jersey, conducting a storage warehouse in the city of Hoboken, wherein Bennett stored eight film developing machines. The matter is now before the court on the return of an order requiring defendants to show cause why "an order should not be entered directing the immediate delivery of said eight machines to complainant." Complainant claims to be the owner of said machines and entitled to the immediate possession thereof. Paragraph 9 of the bill of complaint, and affidavits annexed thereto, manifest that complainant's claim is controverted by Bennett. No case *110
whatever is made or urged against Elasticap Company. Complainant avers that said machines were manufactured for it by Bennett pursuant to and under certain inventions and improvements of one Frederick B. Thompson relating to machines, devices and/or apparatus for treating and/or processing and/or developing and/or printing motion picture films for which letters patent of the United States and foreign countries were issued to the said Frederick B. Thompson, under agreements alleged to have been entered into between complainant and Chester Bennett FilmLaboratories, a corporation of the State of California, of which Bennett is alleged to be the successor. The bill avers that complainant, relying upon said agreements, and anticipating delivery of said machines to it, entered into an agreement of lease with Paramount-Famous-Lasky Corporation, for six of said machines, and entered into an agreement of lease with H.E.R. Laboratories, Incorporated, for two of said machines; that if said machines be not delivered by Bennett immediately
complainant will suffer irreparable damage; that the non-delivery of said machines by Bennett to complainant constitutes a fraud upon complainant and is the result of a conspiracy entered into between Bennett and other interests mentioned in paragraph 14 of the bill. The facts constituting the alleged fraud and conspiracy are not stated in the bill. Equity pleading requires that such allegations must be stated with sufficient particularity to enable the person charged to deny and disprove or explain them.Chancery Rule 46; Davis v. Davis,
I am of the opinion that the preliminary injunction sought by the complainant should be denied, and that the order to show cause heretofore issued be dismissed. *116