Legal Opinion

Manny v. Burke

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

Decided September 13, 1916PublishedCited by 6 opinions

Appeal by the plaintiff, J. Fred Manny, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 15th day of July, 1914, upon a decision of the court dismissing the complaint upon the pleadings after a hearing at the Albany Special Term.

1Opinion of the Court

Kellogg, P. J.:

Upon the trial the defendant had judgment upon the pleadings dismissing the complaint. The complaint alleges an agreement between the defendant, who “is well and favorably known as a producer and promoter of vaudeville entertainment,” and the plaintiff, who “possesses unique, unusual and extraordinary ability as a violinist and an actor, and particularly adapted for the protrayal of the character of entertainment that is about to be presented by said Mr. Burke.”

The agreement recited that the parties “ desire to become associated together in the production and presentation of…

2Cited by6 opinions

  1. Burnstine v. GeistAppellate Division of the Supreme Court of the State of New York · 1939
  2. Crownshield Trading Corp. v. EarleAppellate Division of the Supreme Court of the State of New York · 1922
  3. Armstrong v. RickardAppellate Division of the Supreme Court of the State of New York · 1922
  4. Maxa v. JonesCourt of Appeals of Maryland · 1925
  5. Mason v. RoseDistrict Court, S.D. New York · 1948

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