Hart v. Cort
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Oort, from an order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 18th day of June, 1914, affirming a judgment of the City Court of the City of Hew York in plaintiff’s favor, and also the order of the City Court denying the defendant’s motion for a new trial.
1Opinion of the Court
Hotchkiss, J.:
The action is for royalties under a contract by which plaintiff licensed defendant to present the play “La Tosca” within the *584United States and Canada. The license is not expressed to he exclusive, nor is there anything in it from which an exclusive license may be inferred. The defense was that, by custom, the license was in fact exclusive; but defendant’s evidence to prove such custom was excluded, and the competence of such evidence is the sole question raised on this appeal.
The respondent claims that in a contract such as the present there is no presumption of exclusiveness…
2Cases cited13 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Hopper v. . SageNew York Court of Appeals · 1889
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
- Higgins v. . MooreNew York Court of Appeals · 1866
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Huber Baking Company v. Stroehmann Brothers Company and Quality Bakers of America Cooperative, Inc.Court of Appeals for the Second Circuit · 1958
- Heimerdinger v. SchnitzlerAppellate Division of the Supreme Court of the State of New York · 1931
- Deveso v. ChandlerAppellate Division of the Supreme Court of the State of New York · 1924
- KiSka Construction Corp. USA v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2004