Opinion
05-28-1886
CRANDALL v. GROW.
J. J. Crandall, pro se. D. J. Pancoast, for defendant.
Motion for injunction.
J. J. Crandall, pro se.
D. J. Pancoast, for defendant.
BIRD, V. C. The complainant had an agreement with defendant by which the defendant was to print a book for complainant, on paper of a certain quality, for the consideration of $300. Before the printing was done, C. gave to G. his note for $250, payable to G. or order. Payments were made on account of the contract to the amount of $120. It was, about the time of the last payment, discovered that the paper, upon which the printing was done, was not of the quality contemplated by the contract. C. not only refused to pay the balance of the consideration, but, when the time had expired for the completion of the work, brought an action at law for damages, and recovered a verdict for $300, being in excess of the balance due on the note. This bill asks for an injunction restraining G. from transferring said note. A restraining order was granted, and notice required. The defendant comes in with his answer. He says by his answer that he never intended to transfer the note, and asks, not only that no injunction issue, but also that the bill be dismissed. He puts his defense upon the positive and unequivocal denial of any intention to negotiate the note. Is this enough to avoid the writ? I think not. Before the note matures he may change his mind; and since, as appears by the verdict of the jury, he now holds the note wrongfully, the complainant has the right to be protected against every contingency. This is the spirit of all the cases. Lloyd v. Gurdon, 2 Swanst. 180; Patrick v. Harrison, 3 Brown, Ch. 476; Jervis v. White, 7 Ves. 413; Smith v. Aykwell, 3 Atk. 566; Hood v. Aston, 1 Russ. 412.
It was not required that C. should first demand the note of G., or at least ask him if he intended to negotiate it; for any such proceeding would suggest the very mischief which it is the right of the complainant to prevent.
I will advise that the order to show cause may be made absolute.