American Law Book Co. v. Chamberlayne
Court of Appeals for the Second Circuit
In Error to the Circuit Court of tlie United States for the Eastern District of New York. This cause comes here upon writ of error to review a judgment against plaintiff in error for $2,500 and costs. The cause was tried by the court without a jury.
Read the full summary
In Error to the Circuit Court of tlie United States for the Eastern District of New York. This cause comes here upon writ of error to review a judgment against plaintiff in error for $2,500 and costs. The cause was tried by the court without a jury. The testimony being closed, the trial judge stated that he thought he should go upon the record in order to avoid any questions as to findings of fact, and proceeded to set forth his views as to the pleadings and evidence (somewhat in the form of a charge), and concluded that the company should pay the sum of $2,500. The facts are sufficiently…
1Opinion of the Court
LACOMBE, Circuit Judge.
The plaintiff below was an attorney at law, with a favorable reputation as an author and an authority upon the law of evidence. Defendant was the publisher of the Cyclopedia of Daw and Practice, known as “Cyc.” On October 1, 1902, they entered into a written contract, the material parts of which are as follows :
Plaintiff agreed to furnish to tlie defendant an article entitled “Evidence,” to be published in the Cyclopedia, and to write said article in conformity with a certain annexed schedule of requirements (Clause I). He further agreed that the said article, if…
2Cases cited1 opinion
- Press Pub. Co. v. MonroeCourt of Appeals for the Second Circuit · 1896
3Cited by5 opinions
- Schisgall v. Fairchild Publications, Inc.New York Supreme Court · 1955
- Seroff v. Simon & Schuster, Inc.New York Supreme Court · 1957
- Clevenger v. Baker Voorhis & Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Harris v. Twentieth Century Fox Film CorporationDistrict Court, S.D. New York · 1942
- Stringfield v. Warner Bros. Pictures, Inc.District Court, S.D. New York · 1943