Legal Opinion
Advance Music Corp. v. American Tobacco Co.
New York Court of Appeals
Decided November 21, 1946PublishedCited by 172 opinions
1Opinion of the Court
Loughran, Ch. J.
The amended complaint in this action is attacked by motion under rule 106 of the Rules of Civil Practice for insufficiency on its face. Three separately stated causes of action are pleaded therein.
Bv way of induóement, the first cause makes these allegations: The plaintiff is a corporation engaged in the business of publishing musical compositions. Its revenue is chiefly derived from sales of sheet music made to the public and from licenses for use of its compositions in the entertainment field. It expends large sums of money for advertising in an effort to create a general…
2Cases cited9 opinions
- Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
- Opera on Tour, Inc. v. WeberNew York Court of Appeals · 1941
- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by172 opinions
- Curiano v. SuozziNew York Court of Appeals · 1984
- Nees v. HocksOregon Supreme Court · 1975
- Brown v. State of New YorkNew York Court of Appeals · 1996
- A. S. Rampell, Inc. v. Hyster Co.New York Court of Appeals · 1957
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
167 more not listed; retrieve them via the Exa API.