Elman v. Ziegfeld
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mischa Elman, 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 8th day of December, 1921, granting defendant’s motion for a bill of particulars in so far as it requires plaintiff to annex to the bill of particulars ordered a copy of the music which he claims to have tendered to the defendant and a copy of the complete score and orchestration which he claims…
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Appeal by the plaintiff, Mischa Elman, 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 8th day of December, 1921, granting defendant’s motion for a bill of particulars in so far as it requires plaintiff to annex to the bill of particulars ordered a copy of the music which he claims to have tendered to the defendant and a copy of the complete score and orchestration which he claims to have originated, composed and written as alleged in the 3d paragraph of the complaint.
1Opinion of the Court
Laughlin, J.:
This is an action to recover $100,000 damages for breach of a contract in writing made between the parties on the 12th of April, 1920. The contract is made part of the complaint. It is recited therein that the defendant desired to secure the services of the plaintiff to originate, compose and write a complete score and to orchestrate the same for a light opera of a popular type to be based upon a book and lyrics thereof to be furnished by defendant, and was desirous of acquiring the sole and exclusive right, license and privilege to produce and represent the operetta upon the…
2Cases cited6 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
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- St. Albans Beef Co. v. AldridgeAppellate Division of the Supreme Court of the State of New York · 1906
- Barone v. O'LearyAppellate Division of the Supreme Court of the State of New York · 1899
- Rowe v. WashburneAppellate Division of the Supreme Court of the State of New York · 1901
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- Force v. Tracy Towing Lines, Inc.New York Supreme Court · 1947
- In re the Estate of BrittonNew York Surrogate's Court · 1938
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