Legal Opinion

Triangle Film Corp. v. Artcraft Pictures Corp.

Court of Appeals for the Second Circuit

Decided March 4, 1918No. 180PublishedCited by 38 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Triangle Film Corporation against the Art-craft Pictures Corporation. From an order denying a preliminary injunction, complainant appeals. Appeal from an order denying the plaintiff’s motion for an injunction pendente lite. The jurisdiction of the court depended upon diverse citizenship.

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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Triangle Film Corporation against the Art-craft Pictures Corporation. From an order denying a preliminary injunction, complainant appeals. Appeal from an order denying the plaintiff’s motion for an injunction pendente lite. The jurisdiction of the court depended upon diverse citizenship. The plaintiff is a Virginia corporation engaged in manufacturing, distributing, and exhibiting moving pictures, and on the 26th day of March, 1917, entered into a contract with one William S.…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). [1] This case depends either on Lumley v. Gye, 2 El. & Bl. 216, or upon a strangely misconceived extension of that doctrine Lumley v. Gye, supra, a wholesome and widely accepted case we not only accept on principle, but we should in any case be bound to treat it as law upon authority. Bitterman v. L. & N. R. R. Co., 207 U. S. 205, 28 Sup. Ct. 91, 52 L. Ed. 171, 12 Ann. Cas. 693; Angle v. Chic., etc., R. R., 151 U. S. 1, 14 Sup. Ct. 240, 38 L. Ed. 55. And in that aspect the case stands upon the question whether Hart violated his contract. He so clearly did…

2Cases cited4 opinions

  1. Truax v. RaichSupreme Court of the United States · 1915
  2. Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
  3. Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
  4. Bitterman v. Louisville & Nashville RailroadSupreme Court of the United States · 1907

3Cited by38 opinions

  1. Speegle v. Board of Fire UnderwritersCalifornia Supreme Court · 1946
  2. Reeves v. HanlonCalifornia Supreme Court · 2004
  3. Peoples Security Life Insurance v. HooksSupreme Court of North Carolina · 1988
  4. Albee Homes, Inc. v. Caddie Homes, Inc.Supreme Court of Pennsylvania · 1965
  5. Diodes, Inc. v. FranzenCalifornia Court of Appeal · 1968

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