117 N.Y.S. 51 | N.Y. App. Div. | 1909
This is an appeal fróm an order continuing an injunction restraining the defendant from voting 210 shares of the stock of the Flusliovalve Company until the legal ownership of said stock isi vested in the voting trustees in accordance with an agreement between the plaintiffs and the defendant, a copy of which is annexed to the complaint, and from disposing of -said stock until the record ownership' thereof shall be vested in said voting trustees. IIpop the complaint in this action and an affidavit of one of the plaintiffs:, a temporary injunction was granted with an order to show cause why the same should not be continued during the pendency of the action. Upon
Hor do I think the contract, a copy of which is annexed to the complaint, can be specifically enforced. This agreement, which is signed by the parties to this action, provides that “ The stockholders shall deposit with the voting trustees certificate or certificates to the
The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion to continue the injunction denied, with ten dollars costs.
McLaughlin, Laughlin, Clarke and Scott, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.