Klein v. Beach
District Court, S.D. New York
In Equity. Suit by Philip Klein, as executor, and Lillian Klein, as executrix, of the will of Charles Klein, deceased, against Rex Reach and the Selig Polyscope Company, Incorporated. On motion to dismiss bill. This is a joint motion on behalf of the defendants to dismiss the complaint, on the ground that it does not allege facts sufficient to constitute a cause of action.
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In Equity. Suit by Philip Klein, as executor, and Lillian Klein, as executrix, of the will of Charles Klein, deceased, against Rex Reach and the Selig Polyscope Company, Incorporated. On motion to dismiss bill. This is a joint motion on behalf of the defendants to dismiss the complaint, on the ground that it does not allege facts sufficient to constitute a cause of action. The complaint sets forth that Charles Klein, deceased, was a dramatic author and playwright, who had achieved great fame and had composed many successful and notable plays and dramatic compositions; that the defendant Rex…
1Opinion of the CourtMayer, District Judge
(after stating the facts as above). At the outset, it is desirable to clear away immaterial or untenable' contentions.
First. The relations of the parties must be determined by the written agreements between them, and not by those allegations of the complaint which plead conclusions of law. Thus the complaint alleges inter alia:
“That in and by said agreement the defendant Bex Beach gave to the said Charles Klein the sole and exclusive right to dramatize the book”
—while in the agreement are the added words “for presentation on the stage.” Therefore what the right was must be determined by the…
2Cases cited6 opinions
- Kalem Co. v. Harper BrothersSupreme Court of the United States · 1911
- Harper Bros. v. KlawDistrict Court, S.D. New York · 1916
- Harper & Bros. v. Kalem Co.Court of Appeals for the Second Circuit · 1909
- Frohman v. FitchAppellate Division of the Supreme Court of the State of New York · 1914
- Lalance & Grosjean Mfg. Co. v. National Enameling & Stamping Co.District Court, S.D. New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Piantadosi v. Loew's Inc.Court of Appeals for the Ninth Circuit · 1943
- Denker v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1961
- Brown v. Republic Productions, Inc.California Supreme Court · 1945
- Shapiro, Bernstein & Co. v. Jerry Vogel Music Co.District Court, S.D. New York · 1947
- Noble v. D. Van Nostrand Co.New Jersey Superior Court Appellate Division · 1960
5 more not listed; retrieve them via the Exa API.