White v. Wilson

Appellate Division of the Supreme Court of New York

White v. Wilson

37 N.Y.S. 193, 72 N.Y. St. Rep. 664

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

DecidedFebruary 7, 1896

StatusPublished

This text of 37 N.Y.S. 193 (White v. Wilson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White v. Wilson, 37 N.Y.S. 193, 72 N.Y. St. Rep. 664 (N.Y. Ct. App. 1896).

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Opinion

PER CURIAM.

The only point upon which the plaintiff really requires the testimony of the defendant is with regard to the number of representations given by the latter of the rival versions of his assignor’s librettos. The plaintiff cannot know the facts on. this head, nor has he the means of readily proving them. The défendant, of course, knows just when and where the productions in question were given. If the plaintiff is right in lys general contention, he will be entitled to the specific sum of $50 per week for-every week during which the defendant produced other adaptations of the pieces already adapted by plaintiff’s assignor under the contracts sued upon. The examination should, however, be limited to this one specific subject.

The order appealed from should be modified so far as to require the examination of the defendant upon the point indicated, and, as. modified, affirmed, without costs to either party.

INGRAHAM, J., taking no part.

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PER CURIAM.

The only point upon which the plaintiff really requires the testimony of the defendant is with regard to the number of representations given by the latter of the rival versions of his assignor’s librettos. The plaintiff cannot know the facts on. this head, nor has he the means of readily proving them. The défendant, of course, knows just when and where the productions in question were given. If the plaintiff is right in lys general contention, he will be entitled to the specific sum of $50 per week for-every week during which the defendant produced other adaptations of the pieces already adapted by plaintiff’s assignor under the contracts sued upon. The examination should, however, be limited to this one specific subject.

The order appealed from should be modified so far as to require the examination of the defendant upon the point indicated, and, as. modified, affirmed, without costs to either party.

INGRAHAM, J., taking no part.

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Bluebook (online)

37 N.Y.S. 193, 72 N.Y. St. Rep. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-wilson-nyappdiv-1896.