Herbert v. Fields
New York Supreme Court
Suit by Victor Herbert against Lew Fields and others. Motion for temporary injunction denied.
1Opinion of the CourtBijur, J.
Plaintiff seeks an injunction against defendants from producing in moving pictures the play entitled “Old Dutch.” facts concerning the authorship of the work are not disputed. Lee Shubert, in Europe, in the latter part of 1908, saw and purchased the American rights of a German play. In the early spring of 1909 he had this play translated and adapted for the American stage by Edgar Smith. Shubert then determined to have it produced as a musical comedy, whereupon he and Lew Fields made some agreement to that end; Fields and Shubert (or the respective corporations which they represented)…
2Cases cited9 opinions
- Maurel v. SmithDistrict Court, S.D. New York · 1915
- Osborn v. . SchenckNew York Court of Appeals · 1880
- Ramsay v. . MillerNew York Court of Appeals · 1911
- De Witt v. . Elmira Nobles Manufacturing Co.New York Court of Appeals · 1876
- Nillson v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1912
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3Cited by3 opinions
- Piantadosi v. Loew's Inc.Court of Appeals for the Ninth Circuit · 1943
- Brown v. Republic Productions, Inc.California Supreme Court · 1945
- Noble v. D. Van Nostrand Co.New Jersey Superior Court Appellate Division · 1960