Outcault v. Bonheur
Appellate Division of the Supreme Court of the State of New York
- Appeal by the plaintiffs, 'Richard F. Outcault and another, from an interlocutory judgment of the Supreme Court in favor 'of the defendant trustee, entered in the office of the clerk of the county of New York on the 25th day of March, 1907, upon the decision of the court, rendered after a trial at the ISTew York Special Term, overruling the plaintiffs’ demurrer to a defense and counterclaim in the amended answer of said defendant trustee.
1Opinion of the Court
McLaughlin, J.:
This action is brought to recover about $800 royalties alleged to be due the plaintiffs under an agreement with one Raymond, by which he was given the exclusive.license to produce a certain play in the United States and Canada, and furnished for that purpose “ the manuscripts, scores, music, musical numbers, music parts and orchestrations ” of such play. According to the allegations of the complaint, Bonheur, after he was. appointed trustee in bankruptcy of Raymond, acting under such agreement, produced the play and thereupon became obligated to pay royalties to the amount for…
2Cases cited6 opinions
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Saltus v. Belford Co.New York Court of Appeals · 1892
- Devendorf v. BeardsleyNew York Supreme Court · 1857
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
- Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- Mincho v. Bankers' Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Hackett v. WalterNew York Supreme Court · 1913
- Miller v. Universal Pictures Co.New York Court of Appeals · 1961
- Tams-Witmark Music Library, Inc. v. New Opera Co.New York Court of Appeals · 1948