Legal Opinion
Gumm v. Jerry Vogel Music Co.
Court of Appeals for the Second Circuit
Decided December 10, 1946No. 9, Docket 20111PublishedCited by 17 opinions
1Per curiam
The district judge, who tried the case without a jury, made findings of fact and conclusions of law, and rendered a written opinion reported as Von Tilzer v. Jerry Vogel Music Co., 53 F.Supp. 191. The evidence is sufficient to sustain the findings of fact, and none of them can be reversed as clearly erroneous. Also the questions of law which the appeal presents were correctly decided. The second and third causes of action are ruled by Fred Fisher Music Co. v. M. Witmark & Sons, 318 U.S. 643, 63 S.Ct. 773, 87 L.Ed. 1055. Contrary to the appellant’s contention the Dillon assignments to Von…
2Cases cited5 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- Fred Fisher Music Co. v. M. Witmark & SonsSupreme Court of the United States · 1943
- Edward B. Marks Music Corp. v. Jerry Vogel Music Co.Court of Appeals for the Second Circuit · 1944
- Von Tilzer v. Jerry Vogel Music Co.District Court, S.D. New York · 1943
- Gumbinsky Bros. v. SmalleyAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by17 opinions
- Brattleboro Publishing Co. v. Winmill Publishing Corp.Court of Appeals for the Second Circuit · 1966
- Peter Bartok v. Boosey & Hawkes, Inc., and Benjamin Suchoff, as Trustee of the Estate of Bela BartokCourt of Appeals for the Second Circuit · 1975
- Billy Rose, Ray Henderson and Mel Torshin, as of the Estate of Mort Dixon v. Bourne, Inc.Court of Appeals for the Second Circuit · 1960
- Picture Music, Inc. v. Bourne, Inc.District Court, S.D. New York · 1970
- American International Pictures, Inc. v. ForemanCourt of Appeals for the Fifth Circuit · 1978
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