Goldwyn Pictures Corp. v. Howells Sales Co.

LEARNED HAND, District Judge.

It is always somewhat difficult to know just what changes in a pleading or in parties create a new “cause of action.” Courts differ very materially, but in such matters, even at law (and this is in equity), we follow our own interpreta*459tion of Rev. St. § 954 (Comp. St. § 1591). Salyer v. Consolidation Coal Co., 246 Fed. 794, 796, 159 C. C. A. 96. Therefore cases like Davis v. Mayor, etc., of City of New York, 14 N. Y. 506, 67 Am. Dec. 186, and Doyle v. Carney, 190 N. Y. 386, 83 N. E. 37, would not even be in point if this were an action at law. Shields v. Barrow,…