Maurel v. Smith
District Court, S.D. New York
In Equity. Suit by Fred De Gresac Maurel against Harry B. Smith and others. Decree in favor of plaintiff. This is a bill in equity, brought by the author of the scenario, of a comic opera produced in New York under the title of “Sweethearts.”
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In Equity. Suit by Fred De Gresac Maurel against Harry B. Smith and others. Decree in favor of plaintiff. This is a bill in equity, brought by the author of the scenario, of a comic opera produced in New York under the title of “Sweethearts.” It alleges that the plaintiff and the defendant Harry B. Smith entered into an agreement by which the plaintiff was to give a scenario and Smith was to write upon it a libretto for the comic opera; that Smith should copyright the same with the plaintiff as co-owner; that as to the songs, or “lyrics,” Smith should have two-thirds of the royalties of…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] I do not propose to decide whether in the interview of. December 2, 1912, Harry B. Smith and the plaintiff agreed that his work should be upon the terms of their previous contracts. There had been a number of these, all drafted in detail, and the bill is undoubtedly drawn upon the theory that that interview constituted a contract between the parties; but it is not necessary that the plaintiff should recover the express division of royalties there alleged, if enough facts are shown independently to give her the relief which she now asks. However, I do…
2Cases cited5 opinions
- Barry v. EdmundsSupreme Court of the United States · 1886
- Wetmore v. RymerSupreme Court of the United States · 1898
- King v. . BarnesNew York Court of Appeals · 1888
- Put-In-Bay Waterworks Co. v. RyanSupreme Court of the United States · 1901
- Carter v. BaileySupreme Judicial Court of Maine · 1874
3Cited by31 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Philip Cochetti v. John Desmond, Walter M. Phillips, Jr. And Robert P. KaneCourt of Appeals for the Third Circuit · 1978
- Alice Childress v. Clarice Taylor, Paul B. Berkowsky, the Moms Company, and Ben CaldwellCourt of Appeals for the Second Circuit · 1991
- Lynn M. Thomson v. Allan S. Larson, Nanette Larson, and Julie Larson McCollumCourt of Appeals for the Second Circuit · 1998
- Hague v. Committee for Industrial OrganizationCourt of Appeals for the Third Circuit · 1939
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