Carter v. Bailey
Supreme Judicial Court of Maine
Bill in equity. The complainant set 'out that, for many years prior to the twenty-eighth day of June, 1860, he and one Oliver L. Sanborn wefe copartners in the book business, owning together the copyrights and stereotype plates of several books mentioned; that, upon that day, the copartnership was dissolved and it was agreed in writing that the property specified should belong to them “as individuals, co-owners, co-tenants and tenants in common until the same should be…
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Bill in equity. The complainant set 'out that, for many years prior to the twenty-eighth day of June, 1860, he and one Oliver L. Sanborn wefe copartners in the book business, owning together the copyrights and stereotype plates of several books mentioned; that, upon that day, the copartnership was dissolved and it was agreed in writing that the property specified should belong to them “as individuals, co-owners, co-tenants and tenants in common until the same should be converted into cash, or otherwise, at their option, and then should be equally divided between themthat Bailey & Noyes well…
1Opinion of the Court
Yusg-in, -I.
This case comes before tis on demurrer to the bill.
The plaintiff alleges substantially that he and the defendants are tenants in common in the proportions stated of the copyrights of certain school books described by their respective titles; that since August, 1865, the defendants, without his consent, have printed, published and sold large specified numbers of the books, at a certain net profit; that he is equitably entitled to a share of the profits proportioned to the extent of his undivided interest; and he prays that the defendants be decreed to account to Mm for the same…
2Cases cited8 opinions
- Wheaton and Donaldson v. Peters and GriggSupreme Court of the United States · 1834
- Palmer v. . De WittNew York Court of Appeals · 1872
- Stevens v. GladdingSupreme Court of the United States · 1855
- Stephens v. CadySupreme Court of the United States · 1853
- Gould v. Banks & GouldNew York Supreme Court · 1832
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3Cited by15 opinions
- Frank Oddo v. Jack W. Ries, Mme Publications, Mme Publishing Company and Material Movement EnterprisesCourt of Appeals for the Ninth Circuit · 1984
- Edward B. Marks Music Corp. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1944
- Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1921
- Maurel v. SmithDistrict Court, S.D. New York · 1915
- Harrington v. MureDistrict Court, S.D. New York · 1960
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