Legal Opinion

Blakely v. Sousa

Supreme Court of Pennsylvania

Decided October 8, 1900No. 1; Appeal, No. 353PublishedCited by 18 opinions

Appeal, No. 353, Jan. T., 1899, by-plaintiff, from decree of C. P. No. 2, Phila. Co., March T., 1897, No. 1365, dismissing exceptions to report of referee, in case of Ada P. Blakely, individually, and as administratrix of David Blakely, deceased, v. John Philip Sousa. Bill in equity for an injunction. Exceptions to report of referee, Charles E. Morgan, Esq.

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Appeal, No. 353, Jan. T., 1899, by-plaintiff, from decree of C. P. No. 2, Phila. Co., March T., 1897, No. 1365, dismissing exceptions to report of referee, in case of Ada P. Blakely, individually, and as administratrix of David Blakely, deceased, v. John Philip Sousa. Bill in equity for an injunction. Exceptions to report of referee, Charles E. Morgan, Esq. The referee found the facts to be as follows : FINDING OF FACTS. 1. David Blakely, who was a manager of musical organizations, possessing, as stated in the bill of complaint, “ large experience and great reputation for his success in these…

1Opinion of the Court

Opinion by

Mb. Justice Bbown,

Neither the complainant nor the respondent is satisfied with the decree made in the court below. Each has appealed from it, the former complaining that it gives her too little, and the latter asserting that she gets too much. The appeal oE the complainant, though taken later than that of the respondent, will be first considered, as it raises the most important questions to be disposed of.

The contract out of which this controversy arose was in writing, having been executed by the parties to it on June 27,1892, and the obligations assumed by each were to extend…

2Cases cited6 opinions

  1. Hoxie v. ChaneyMassachusetts Supreme Judicial Court · 1887
  2. Marvel v. PhillipsMassachusetts Supreme Judicial Court · 1894
  3. Messer v. FadettesMassachusetts Supreme Judicial Court · 1897
  4. Skinner v. OakesMissouri Court of Appeals · 1881
  5. Billings's AppealSupreme Court of Pennsylvania · 1884

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Peaseley v. VIRGINIA IRON, COAL AND COKE COMPANYSupreme Court of North Carolina · 1973
  2. Book's EstateSupreme Court of Pennsylvania · 1929
  3. Sorber v. MastersSupreme Court of Pennsylvania · 1919
  4. Young v. GongawareSupreme Court of Pennsylvania · 1922
  5. Mendenhall v. DavisWashington Supreme Court · 1909

13 more not listed; retrieve them via the Exa API.

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