Legal Opinion

Edmonds v. Stern

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904PublishedCited by 4 opinions

Appeal by the plaintiff, Shepard N. Edmonds, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 19th day of June, 1903, upon the decision of the court, rendered after a trial at the New York Special Term; overruling the plaintiff’s demurrer to one of several separate defenses contained in the defendants’ amended answer.

1Opinion of the Court

O’Brien, J.:

The action is one brought for the cancellation of certain contracts made between the parties under which the defendants obtained frqm the plaintiff, who was an author and composer of songs, the right to publish certain songs and secured a transfer of such songs under a stipulation to pay plaintiff a royalty for copies of them as they were sold.

It is alleged that the defendants had no intention of publishing the songs, but made the agreement merely for the purpose of preventing plaintiff’s competition with other composers; and the relief demanded is that the contracts be canceled…

2Cases cited2 opinions

  1. O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
  2. Golden v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by4 opinions

  1. Friedman v. Columbia Machine Works & Malleable Iron Co.Appellate Division of the Supreme Court of the State of New York · 1904
  2. McKenzie v. Wappler Electric Co.Appellate Division of the Supreme Court of the State of New York · 1926
  3. Holland v. GroteNew York Supreme Court · 1907
  4. Ward v. Chelsea Exchange BankAppellate Division of the Supreme Court of the State of New York · 1912

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