Atwill v. Ferrett
U.S. Circuit Court for the District of Southern New York
In equity. The bill in this case was filed by the plaintiff [Joseph F. Atwill] against Edmund Ferrett, Timothy S. Arthur and Elijah B. Galusha, copartners in Philadelphia and New York, under the name of Fer-rett & Go.
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In equity. The bill in this case was filed by the plaintiff [Joseph F. Atwill] against Edmund Ferrett, Timothy S. Arthur and Elijah B. Galusha, copartners in Philadelphia and New York, under the name of Fer-rett & Go. It set forth that, in December, 1844, an opera was produced at the Park Theatre in New York, for the first time in America, entitled “The Bohemian Girl,” the music of which was composed by one Balfe, in Europe; that, soon afterwards, the plaintiff undertook to adapt, arrange and publish such music, and, in doing so, gave to particular pieces of the music titles differing from…
1Opinion of the Court
BETTS, District Judge.
Three separate demurrers are filed to the bill in this case by the defendant Galusha. The other two defendants have not entered their appearance, and it does not appear that they have been served with the subpoena. The defendant attempts to call in question distinct parts of the bill by severing his demurrers, and also takes objection to the whole by general demurrer. The special causes of demurrer are excepted to by the plaintiff as informal and insufficient, in not pointing out precisely the parts of the bill intended to be embraced by them. They- adopt the general…
2Cases cited2 opinions
- Higinbotham v. BurnetNew York Court of Chancery · 1821
- Kuypers v. Ministers, Elders & Deacons of the Reformed Dutch ChurchNew York Court of Chancery · 1837
3Cited by11 opinions
- Fred Fisher, Inc. v. DillinghamDistrict Court, S.D. New York · 1924
- National Cloak & Suit Co. v. KaufmanU.S. Circuit Court for the District of Middle Pennsylvania · 1911
- Newgold v. American Electrical Novelty & Mfg. Co.District Court, S.D. New York · 1901
- Gratz v. McKeeCourt of Appeals for the Eighth Circuit · 1919
- Sarony v. Burrow-Giles Lithographic Co.U.S. Circuit Court for the District of Southern New York · 1883
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