Roth v. State, 46 N.E.2d 347 (NY 1942). · Go Syfert
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Roth v. State, 46 N.E.2d 347 (NY 1942). Cases Citing This Book View Copy Cite
11 citation events across 5 distinct courts.
Strongest positive: Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music Corporation (ca2, 1965-12-20)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music Corporation
2d Cir. · 1965 · signal: see · confidence high
In rejecting this contention and holding that whatever rights were given to the publisher must be construed with reference to the prior copyright and the contemplated use of the songs in the performance of the operetta, Judge Bondy stated (Id. at 758): See Tobani v. Carl Fischer, Inc., 263 App. Div. 503, 507 , 33 N.Y.S.2d 294, 299 (2nd Dept. 1942), aff’d, 289 N.Y. 727 , 46 N.E. 2d 347 (1942). 6a “Such a construction would give effect to all the terms of the agreements.
Retrieving the full opinion text from the archive…
Joseph Roth, as Administrator of the Estate of Jean Roth, Deceased, Respondent,
v.
State of New York, Appellant; John J. Murphy Et Al., as Administrators of the Estate of Mary E. Murphy, Deceased, Respondents, v. State of New York, Appellant
Claim 25302; Claim 25303.
New York Court of Appeals.
Dec 3, 1942.
46 N.E.2d 347
John J. Bennett, Jr., Attorney-General ( James H. Glavin, Jr., of counsel), for appellant. M. Francis Malone and Leo O. Coupe for respondents.
Cited by 3 opinions  |  Published

Judgments affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Conway and Desmond, JJ. Lehman, Ch. J., and Lewis, J., dissent on the ground there was no proof of breach of duty by the State.