Palmer v. De Witt
The Superior Court of New York City
Appeal from a judgment. This action was brought to obtain an injunction restraining the printing and publishing, by the defendant, of a drama or comedy called “ Play.” The complaint alleged that immediately prior' to February, 1868, T. W. Robertson, of London, England, the author of the drama, sold to the plaintiff the exclusive right of performing the drama upon the stage, and printing and publishing the same, within and throughout the United States.
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Appeal from a judgment. This action was brought to obtain an injunction restraining the printing and publishing, by the defendant, of a drama or comedy called “ Play.” The complaint alleged that immediately prior' to February, 1868, T. W. Robertson, of London, England, the author of the drama, sold to the plaintiff the exclusive right of performing the drama upon the stage, and printing and publishing the same, within and throughout the United States. That at the time aforesaid the drama was an unpublished composition, and had not been, nor had it since been, printed, or published in print,…
1Opinion of the Court
By the Court:
Monell, J.
In examining the questions in this case, I no longer feel controlled by the decision made at Special Term dissolving the injunction, which had been temporarily granted in the action; and unless that decision is founded on principle and sustained by authority, it is not improper for this court to disregard it.
In deciding the motion for a temporary injunction which was made at Special Term (7 Robt., 530, S. C. 5, Abb. Pr. R., N. S., 130), the learned justice was unable to distinguish the case from that of Keene v. Clarke (5 Robt., 38). He says “ the main question in this…
2Cases cited4 opinions
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Bartlette v. CrittendenUnited States Circuit Court · 1847
- Blunt v. PattenU.S. Circuit Court for the District of Southern New York · 1828
- Roberts v. MyersU.S. Circuit Court for the District of Massachusetts · 1860
3Cited by4 opinions
- Ferris v. FrohmanSupreme Court of the United States · 1912
- Tompkins v. HalleckMassachusetts Supreme Judicial Court · 1882
- Boucicault v. HartU.S. Circuit Court for the District of Southern New York · 1875
- Wall v. GordonNew York Court of Common Pleas · 1872