STAMPS v. MILLS MUSIC


196 Misc. 480 (1949)

Larry Stamps, Plaintiff, v. Mills Music, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 13, 1949.


Attorney(s) appearing for the Case

Abner Greenberg for plaintiff.

Samuel Jesse Buzzell and Theodore R. Kupperman for defendants.


HOFSTADTER, J.

The plaintiff moves to strike on various grounds the affirmative defenses and counterclaims in the answer. The plaintiff, the author and composer of a song entitled "Said The Little Train," pronounced the winning song in a contest, entered into a written contract with defendant Mills Music, Inc., for the publication of his song and on the execution of the agreement received an advance against royalties...

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