a Defendant In the United States Court fon' China Judge Lobingier has given his ruling in a case in which application was made for an order restraining the defendant in an action from disposing of certain seourities. The case is a the instance of Jatz Y. T. King against A, O. Andersen & Ca. Mr. F. J. Schuhl appeared for the plaintiff and Mr.
T. Bryan for the defendants.
His Honour's decision was as fcllows:—
This is an application for a restraining order to prevent the sale by defendant of certain securities alleged to be "'of the value of more' than Tls. 50,000" deposited with ium by plaintiff under an agreement by which he acted as defendant's compradore. The defendant has not yet answered but files a lengthy afEdavit setting forth various correspondence between the parties and other averments in opposition to the relief sought. It is also urged as a matter of law that the bill is defective in containing no° averment of irreparable damage or of want of adequate legal remedy. The authority cited in support of these objections relates to a permanent injunction sought by bill alone, and if such were the case here the release could not be granted without an amendment of the bill; but the same authority states the following principle:
"If the complainant shows that an irreparable injury will probably be suffered by him before the final hearing, that there is a reasonable probability that he will establish the facts as ho alleges, and that the injunction will not cause great injury to defendant a preliminary injunction should issue to maintain the status, quo, despite the conflict as to Titte DeEps to Properry.
Moreover this case is submitted not on the bill alone but upon the affidavit already mentioned and oral testimony taken in behalf of both parties and these we think supply the defects pointed out in the bill. For the securities in question include title deeds to real property and, once disposed of, plaintiff's interest in the property would, under the local system of land transfer, be lost. True he might bring an action for damages but defendant's affidavit recites information from "the home office of the defendant that said company was either in liquidation, bankruptcy, or in the hands of a receiver." and under such cireumstances_ the prospects of obtaining damages appear quite remote. The showing of irreparable injury and want of adequate legal remedy would seem, therefore, to be sufficient.
It is however recited in the affidavit "That said defendant has no intention and does not te sell said title deeds and fantans until the losses for which said plaintiff is responsible are properly and ly ascertained, and said
Text read from the printed page and cleaned; old type leaves the occasional error.