This Motion that an interim injunction be dissolved was heard on the 15th of August, 1905. cting Judge delivered Judgment as follows:— janction granted by "H. BL -Comt ab is an' appeal against an interim
Fouchow restraining tha defendant and appellant, E. J. Moss, until judyment the action from carrying on business Foochow of a similar character to that of the plaintifis and respondents Dodwell and Ca. I agree with Mr. Ellis, for Mr. Moss, that (1) if there does not appear from the pleadings to be a serious question to be tried at the hearing, or (2) if the balance of convenience is iui favour of allowing Mr. Moss to go on trading on condition that he keep un account, the injunction ought. to. be dissolved. In regard to (1), the rearonsbleness of the restraint depends on..the whole circum. stances of the agreement and on the amount of protection required in this particular case. The restraint may be partly good and partly bad. Ieannot say that there is not @ serious question to be tried. Mr. Moss has clearly broken his agresmont and it is for him to show that he has legal excuse. In regard to (2); it is admitted that Mr. Moss has been adjudged a bankrupt. If' the injuxiotion
Text read from the printed page and cleaned; old type leaves the occasional error.