Legal Opinion

Lewis J. Selznick Enterprises v. Harry I. Garson Productions

Michigan Supreme Court

Decided June 3, 1918No. Docket No. 56PublishedCited by 11 opinions

Appeal from Wayne; Searl, J., presiding. Bill by Lewis J. Selznick Enterprises, Incorporated, and another against the Harry I. Garson Productions for an accounting and for injunctive relief. From an order denying a motion to dismiss, defendant appeals.

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Appeal from Wayne; Searl, J., presiding. Bill by Lewis J. Selznick Enterprises, Incorporated, and another against the Harry I. Garson Productions for an accounting and for injunctive relief. From an order denying a motion to dismiss, defendant appeals. The bill of complaint sets out the fact that the plaintiffs are engaged in the business of distributing and exploiting motion pictures; that in the course of said business on June 10, 1917, they shipped by American Express to their agent, Dennison, in the city of Detroit, one positive print of the motion picture “Poppy”; that defendant…

1Opinion of the CourtBrooke, J.

(after stating the facts). 1. Have plaintiffs a plain and complete remedy at law? The motion to dismiss as to this ground must be considered as a demurrer to the bill and the demurrer admits all properly pleaded allegations in the bill to be true. Assuming the truth of the allegations contained in the bill it seems to us quite clear that the recovery *115of damages in the replevin suit would fall far short of affording plaintiffs a complete and adequate remedy. It is averred in the bill that defendant through its exploitation of the picture “Poppy” at a price or rental greatly below normal

“destroy…

2Cases cited3 opinions

  1. Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
  2. Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
  3. Homrich v. RobinsonMassachusetts Supreme Judicial Court · 1915

3Cited by11 opinions

  1. Willard v. ShekellMichigan Supreme Court · 1926
  2. Haylor v. Grigg-Hanna Lumber & Box Co.Michigan Supreme Court · 1938
  3. H. H. King Flour Mills Co. v. Bay City Baking Co.Michigan Supreme Court · 1927
  4. Hubert v. JoslinMichigan Supreme Court · 1938
  5. Second Michigan Cooperative Housing Ass'n v. First Michigan Cooperative Housing Ass'nMichigan Supreme Court · 1959

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