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CAREW v. MELROSE MUSIC

92 F.Supp. 971 (1950)

CAREW v. MELROSE MUSIC, Inc. et al.

United States District Court S. D. New York.

September 27, 1950.

Attorney(s) appearing for the Case

Harry J. Stein, New York City, for plaintiff.

Spring & Eastman, New York City, for defendants, Lee V. Eastman and Lawrence B. Simons, New York City, of counsel.

RYAN, District Judge.

Plaintiff moves to strike out the defense of statute of limitations interposed by defendants in their answer. The complaint alleges infringement of rights conferred by the Copyright Law. Since the Copyright Act, 17 U.S.C.A. § 1 et seq., prescribes no limitation on the commencement of an action for infringement, it has been settled that the applicable state statute of limitations governs. Brady v. Daly, 1899, 175 U.S. 148<...

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