Legal Opinion

Stern v. Carl Laemmle Music Co.

New York Supreme Court

Decided November 15, 1911PublishedCited by 2 opinions

Demurrer to separate defense contained' in answer.

1Opinion of the CourtGore, J.

“ I’ll Change the Thorns to Roses ” is the title of a song the music of which is alleged in the complaint to have been composed by S'olman and the lyrics written by Lamb. Title to the song is claimed through a contract with 'Slolman by which plaintiffs acquired the exclusive right to. every song composed by him wholly or in part for a certain period of years. Within this period the song was composed, and the defendant, with knowledge of the contract and without plaintiffs’ consent; published it. To enjoin and account for the profits this action is brought.

Defendant as a separate defense…

2Cases cited3 opinions

  1. Harrison v. FortlageSupreme Court of the United States · 1896
  2. Outcault v. LamarAppellate Division of the Supreme Court of the State of New York · 1909
  3. Daly v. WalrathAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by2 opinions

  1. Wells v. First National Exhibitors' Circuit Inc.Supreme Court of Georgia · 1919
  2. Stern v. Carl Laemmle Music Co.Appellate Division of the Supreme Court of the State of New York · 1913

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