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Wheeler v. Vimalert Co.

Wesley L. Wheeler and Others, Copartners, Doing Business under the Firm Name and Style of Wheeler Shipyard v. Vimalert Company, Ltd., and George Conrad

Wheeler v. Vimalert Co., 235 A.D. 643 (1932)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
January 15, 1932
Citations
235 A.D. 643

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Order enjoining defendant Vimalert Company, Ltd., from prosecuting libel actions brought in the United States District Court and from instituting any further or other suits, and order on reargument, in so far as it denies said defendant’s motion to vacate the injunction, modified so as to provide that said defendant be enjoined only from commencing any further or other actions in connection with said defendant’s claim or claims against the plaintiffs arising out of the contract of purchase by plaintiffs of motors; and as so modified the orders are affirmed, "without costs. The court was without power to enjoin the prosecution of libel suits already brought in the United States District Court. (Riggs v. Johnson County, 6 Wall. [73 U. S.] 166, 194-196; Moran v. Sturges, 154 U. S. 256, 258 ; Central National Bank v. Stevens, 169 id. 432, 464; Beardslee v. Ingraham, 183 N. Y. 411, 417 .) Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1932: 11977: 119322026peak 1932 · 1

Relies on it most ⓘ

  1. General Atomic Co. v. Felter560 P.2d 541 (N.M. 1977)
  2. Ross v. Cuban Dominican Sugar Corp.236 A.D. 737 (1932)

Most recent

  1. General Atomic Co. v. Felter560 P.2d 541 (N.M. 1977)
  2. Ross v. Cuban Dominican Sugar Corp.236 A.D. 737 (1932)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Moran v. Sturges, 154 U.S. 256 (1894) 167
Beardslee v. Ingraham, 76 N.E. 476 (N.Y. 1906) 23

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