Shubert Theatrical Co. v. Gallagher
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Shubert Theatrical Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1921, denying the plaintiff’s motion for a temporary injunction restraining the defendants, during the pendency of this action, from performing for any managers other than the plaintiff, and from performing in any other theatre, or place of public amusement, or…
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Appeal by the plaintiff, Shubert Theatrical Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1921, denying the plaintiff’s motion for a temporary injunction restraining the defendants, during the pendency of this action, from performing for any managers other than the plaintiff, and from performing in any other theatre, or place of public amusement, or in' any other company except that of the plaintiff. The action was brought to secure a permanent injunction.
1Opinion of the Court
Page, J.:
The defendants are actors. They were together in vaudeville about twelve years ago for a few weeks, since which time the *597defendant Shean has not appeared in vaudeville. Defendant Gallagher has appeared with various partners continuously. The plaintiff decided to establish a vaudeville circuit, it having control of a large number of theatres in which it had produced dramas, musical comedies, and, to a limited extent, vaudeville. On May 18, 1921, the plaintiff prepared and the parties signed a contract, which consisted of the standard form of a run of the play contract of the Actors…
2Cases cited1 opinion
- Dockstader v. ReedAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by7 opinions
- O'Connor-Sullivan, Inc. v. OttoAppellate Division of the Supreme Court of the State of New York · 1954
- Voorhees & Hoobart, Inc. v. HobartAppellate Division of the Supreme Court of the State of New York · 1937
- Elk Street Market Corp. v. RothenbergAppellate Division of the Supreme Court of the State of New York · 1931
- Damon Creations, Inc. v. James Talcott, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Shubert Theatrical Co. v. GallagherAppellate Division of the Supreme Court of the State of New York · 1923
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