Palmer v. . De Witt
New York Court of Appeals
Appeal from order of the General Term of the New York Superior Court, reversing judgment of Special Term in favor of defendant and granting a new trial. This action was brought to restrain defendant from the printing of an uncopyrighted and unpublished manuscript drama. Prior to the 1st day of February, 1868, T. W. ¡Robertson, a resident of the city of London, and a citizen of Great Britain, composed a drama called “ Play.”
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Appeal from order of the General Term of the New York Superior Court, reversing judgment of Special Term in favor of defendant and granting a new trial. This action was brought to restrain defendant from the printing of an uncopyrighted and unpublished manuscript drama. Prior to the 1st day of February, 1868, T. W. ¡Robertson, a resident of the city of London, and a citizen of Great Britain, composed a drama called “ Play.” On the 1st day of February, 1868, Robertson, by an instrument in writing, and for a valuable consideration, sold, assigned and set over to the plaintiff in this case the…
1Opinion of the CourtAllen, J.
Whatever rights the plaintiff has in the drama,
which is the subject of the controversy, exist at common-law, independent of any statute either of the State or the United States. The protection he seeks is of property, and a right of property which is well established and recognized wherever the common-law prevails, and not of a franchise or privilege conferred by statute. The State courts have jurisdiction, as in other actions affecting common-law rights or property interests. It may be doubtful whether the act of congress of 1831 (chapter 116, section 9, 4th Statutes at Large, 436) gives an…
2Cited by85 opinions
- Metropolitan Opera Ass'n, Inc. v. Wagner-Nichols Recorder Corp.New York Supreme Court · 1950
- United States v. George E. Girard, Jr., Paul A. LambertCourt of Appeals for the Second Circuit · 1979
- Tabor v. . HoffmanNew York Court of Appeals · 1889
- Universal Pictures Co. v. Harold Lloyd CorporationCourt of Appeals for the Ninth Circuit · 1947
- Ferris v. FrohmanSupreme Court of the United States · 1912
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