Maine Products Company, Respondent, v. The National Gum and Mica Company, Appellant

Maine Products Company, Respondent, v. The National Gum and Mica Company, Appellant. No. 1. First Department, October 19, 1906. Appeal by the defendant, The National Gum and Mica Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of .the clerk of the county of New York on the 25th day of May, 1906, as resettled by an order entered in said clerk’s office on the 6th day of June, 1906, restraining the defendant from transferring or in any way disposing of or voting upon 120 shares of preferred stock and 120 shares of common stock in the plaintiff corporation standing in defendant’s name on the books of the plaintiff. Edward A. Alexander, for the appellant. Lewis H. Freedman, for the respondent. See Maine Products Co. v. Alexander, No. % (ante, p. 112). [MAJORITY — Ingraham, J.:] Ingraham, J.: The court in this case granted the same injunction that' was granted in the case of Maine Products Co., v, Alexander, No. 2 (115 App. Div. 112), decided herewith. Por the reasons stated in directing a modification of the order appealed from in that case we think the order here appealed from should be modified by striking out the provision restraining the defendant from voting on or exercising any rights arising from or incident to the ownership by it of the shares of stock,, and as modified affirmed, without, costs to either party. O’Brien, P. J., Houghton and Clarke, JJ., concurred. Order modified as directed in opinion, and' as modified affirmed, without costs! Settlé orders on notice.