
    NEW YORK BANK-NOTE CO., Appellant, v. HAMILTON BANK-NOTE ENGRAVING & PRINTING CO. et al., Respondents.
    (Supreme Court, General Term, First Department.
    October 18, 1895.)
    Appeal from special term, New York county. Action by the New York Bank-Note Company against the Hamilton Bank-Note Engraving & Printing Company and others to restrain defendants from using a printing press bought by it from the Kidder Press Manufacturing Company. From an order denying a motion for leave to renew a motion for an injunction pendente lite, and from such an injunction, plaintiff appeals. Affirmed. For former reports, see 30 N. Y. Supp. 1133, and 31 N. Y. Supp. 1060.
    Edward P. Lyon, for appellant. William L. Turner, for respondents.
   PER CURIAM.

The questions are the same as those presented upon the former appeal, and though the plaintiff’s position is apparently strengthened by the affidavit of Edgecomb, who, upon the former application, made an affidavit which cannot be entirely reconciled with the one now presented, the same reasons that are enumerated in the opinions upon the former appeal still exist for refusing to determine the •questions upon affidavits, and for deferring them until a trial can be had. The facts now relied upon are the same as those formerly presented, the difference consisting in additional evidence now offered in support of plaintiff’s view of knowledge on the part of the defendants. No suggestion as to the irresponsibility of the defendants is made. We think, if the same diligence had been exercised in endeavoring to bring the case to trial as has been shown for the purpose of obtaining an adjudication which would determine the merits of the controversy upon affidavits, the rights of the parties should ■ere this have been adjudged. Our conclusion is that the order appealed from should be affirmed, with $10 costs and disbursements.  