VICTOR TALKING MACHINE CO. v. CAUBRE

1. Where a release is pleaded in an action at law which is claimed to have been obtained by fraud, the issue of fraud can be determined in that action, and injunctive relief in this court is improper.

2. A motion to strike out a bill seeking such injunctive relief will be sustained.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion delivered by Vice-Chancellor Davis in the court of chancery.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, JJ. 13.

For reversal — None.