Hodgson v. Vroom
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Action by Ruby D. Hodgson against Edward Vroom. From an order denying application for injunction pendente lite, plaintiff appeals. Plaintiff is the (remarried) widow of one Samuel E. Gross, and by virtue of his last will and testament is the owner of a certain copyrighted play entitled “The Merchant Prince of Cornville.”
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Appeal from the District Court of the United States for the Southern District of New York. Action by Ruby D. Hodgson against Edward Vroom. From an order denying application for injunction pendente lite, plaintiff appeals. Plaintiff is the (remarried) widow of one Samuel E. Gross, and by virtue of his last will and testament is the owner of a certain copyrighted play entitled “The Merchant Prince of Cornville.” Mr. Gross was a resident of Chicago, and while engaged in a business described as “operating in real estate” he wrote and completed by 1879 the play in question. In the year 1900 one…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The single question of law presented by this appeal is whether the District Court, or this court, or both, is bound by the decree entered in Chicago in 1902 to grant preliminary relief; it is not asserted that the decree against Mansfield and Palmer is res adjudicata as against this present defendant.
The matter might be disposed of by pointing out that, whatever may be the effect of the Chicago decree so far as the District Court is concerned, it does not in the least hamper the power of this court. Cf. Victor, etc., Co. v. Starr, etc., Co. (C. C. A.)…
2Cases cited10 opinions
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Kelley v. MilanSupreme Court of the United States · 1888
- United States v. BabbittSupreme Court of the United States · 1882
- Thomson-Houston Electric Co. v. Hoosick Ry. Co.Court of Appeals for the Second Circuit · 1897
- Baldwin v. Abercrombie & Fitch Co.Court of Appeals for the Second Circuit · 1915
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3Cited by12 opinions
- Marks v. Leo Feist, Inc.Court of Appeals for the Second Circuit · 1925
- City of Burbank v. General Electric Co.Court of Appeals for the Ninth Circuit · 1964
- Wilson v. Haber Bros.Court of Appeals for the Second Circuit · 1921
- Elsen v. State Farmers Mutual Insurance Co.Supreme Court of Minnesota · 1945
- The Ansaldo San Giorgio ICourt of Appeals for the Second Circuit · 1934
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