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8 N.J. Eq. 154

Lines v. Spear

New Jersey Court of Chancery

Decided December 15, 1849

New Jersey Court of Chancery · decided 1849-12-15

The bill, exhibited April 4,1849, states that, early in August, 1847, Edward A. Lines, the complainant, then residing and doing business in Chatham, Columbia county, New York, at the solicitation of Justin Spear, one of the defendants, then residing and doing business as a grocer in Newark, New Jersey, agreed with said Spear to enter into a co-partnership with him in said grocery business in Newark, and to put into said business $400 in cash; in consideration of which the…

Decided 1849-12-15

The Chancellor.

¶1I see no satisfactory ground on which this case can be made an exception to the general rule that an injunction will not be dissolved without the answer of all the defendants implicated.

¶2Where a bill makes a case for an injunction, the injunction will not be dissolved until the material allegations of the bill are denied by answer. If the answering defendants are unable, from want of knowledge, to deny allegations of the bill which are material to its equity, the injunction is retained. It stands on the case made by the bill, and will be held until that case be overcome. That the only defendant who can answer such allegations is absent from the State is no ground of exception from the general rule. In this case, the answering defendants say, in reference to several such allegations, that they have no knowledge.

¶3Motion denied.

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