Selwyn & Co. v. Waller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lee Shubert, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of July, 1913, sustaining plaintiff’s demurrer to the first and second separate defenses set up in the answer.
1Dissent
Laughlin, J. (dissenting):
The plaintiff alleges that on the 6th day of May, 1911, Edward G-. Hemmerde and Francis Neilson, who were the authors of the .play or dramatic composition entitled “ The Butterfly on the Wheel,” and the proprietors of the performing rights thereof for the United States and Canada, made an agreement in writing with Charles Frohman and thereby assigned to him the sole and exclusive right to produce the play in the United States and Canada for the period of five years from the date of the first production, which was to be on or before December 31, 1911, in consideration…
2Cases cited13 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Wood v. . American Fire Ins. Co.New York Court of Appeals · 1896
- White v. ShermanIllinois Supreme Court · 1897
- Getty v. . DevlinNew York Court of Appeals · 1873
- South Joplin Land Co. v. CaseSupreme Court of Missouri · 1891
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