Motion Picture Herald (May-Jun 1939)

66 MOTION PICTURE HERALD June 24, 1939 IN COURTSIN NEWSREELS Backs Offer of AlUContinental Acceptance of a settlement offer in the suit brought by Hiram W. Steelman, trustee of the bankrupt estate of WilHam Fox, to recover claimed Fox assets from the All-Continental Corporation, was ordered this week by Bankruptcy Referee Allen B. Endicott, Jr., in Atlantic City. The compromise which was offered by Mrs. Fox and her two daughters, owners of AllContinental, involved the payment of $600,000 cash and cancellation of $41,000,000 in claims against the estate. Included in the settlement was the dropping of all claims against All-Continental and Fox Film Corporation. Fox Films abandoned $10,000,000 in claims against the estate, which is included in the $41,000,000 figure, and received in return release from $2,000,000 in claims against it. Mr. Endicott's order is subject to the approval of John Boyd Avis, federal judge. Creditors may oppose the settlement. A total of 113,000,000 in claims would still be outstanding if the settlement is finally approved. These claims have not yet been adjudicated and may be reduced or disallowed entirely. The question of discharge in bankruptcy of Mr. Fox was not involved in the settlement and the motion for discharge is not expected to be heard for several months. The $600,00 is to be paid in three parts — $350,000 in cash upon approval of the settlement, $150,000 in contingent upon the outcome of claims by the trustee against the Capital Company and the balance of $100,000 will be paid over a three-year period. Goldwyn Files Brief In Dismissal Motion Attorneys for Samuel Goldwyn and Samuel Goldwyn, Inc., in Wilmington, Del., on Monday filed briefs in opposition to United Artists' motion to dismiss the breach of contract suit. John P. Nields, federal judge, had reserved decision last Wednesday on the dismissal motion. The plaintiffs pointed out in the briefs that the defendant had moved to dismiss the action because of a failure to join as defendants Alexander Korda, London Film Productions, Ltd., Douglas Fairbanks and the Elton Corporation. The plaintiff said that under any test propounded by the authorities, none of the said Korda, London Films, Douglas Fairbanks or the Elton Corporation is an indispensable party to this action and asks that the United Artist motion to dismiss be denied in all respects. Tippett Plea Denial Is Upheld by Court The appellate division of the New York supreme court on Monday upheld a ruling of Philip J. McCook, supreme court justice, which denied an application of John D. Tippett, Inc., to add two causes of action in his $600,000 damage suit against Carl Laemmle, Maurice Fleckels and Print Stock Corporation. The court also denied a request of the plaintiff to drop as defendant Universal Pictures Corporation, Eastman Kodak Company, Consolidated Film Industries, Inc., and J. E. Brulatour, Inc., and Jules Brulatour. The suit claims conspiracy of all defendants to induce breach of a contract made by Universal with Tippett in June, 1932, for the sale of raw 'film stock. MOVIETONE NEWS— No. 80, Vol. 21— President addresses West Point graduating class. .Italian troops in Spain embark for home Flag industry rushes production for Flag Day Floating gambling casino off Santa Monica Rodeo. .. .Convention of twins Emperor of Annam in France Duchess of Kent at charity festival Nicaraguan president visits 20th-Century-Fox studios Lew Lehr.... Baseball Centenary Polo. MOVIETONE NEWS— No. 81, Vol. 22.— British royalty sail for home. .. .Trooping of Colors in London reviewed by Duke of Gloucester Fashions Minister Hjalmar Procope pays Finland's debt to America Henry Ford visits N. Y. Fair William Strang on treaty mission to Russia Prince Teh rules Inner Mongolia King Gustav presents colors Running of Ascot Stakes National track meet Princeton mile. NEWS OF THE DAY— No. 278, Vol. 10.— President addresses West Point graduating class. .. .Duke and Duchess of Kent view firemen demonstration.... Rodeo Hollywood stars at birthday party for Judy Garland Celebrate 100 years of baseball U. S. team retains polo cup. NEWS OF THE DAY— No. 279, Vol. 10.— King and Queen conclude North American tour and sail for home. ... Trooping of colors in London. .. .Atlantic passenger flights began Finland pays debt installment.... France honors Joffre Italy's legions home from Spain. .. .Princeton mile. .. .Regatta. PARAMOUNT NEWS— No. 91.— President at West Point graduation exercises Glider pilot establishes record Summer skiing Norway prince at Glacier Park England and Japan at grips over China Refugees seek haven Baseball's 100 anniversary... .Golf championship playoffs. PARAMOUNT NEWS— No. 92.— Britain prepares for reception to King and Queen The royal pair embark for home N. Y. Fair Hollywood stars entertain at English garden party Buys first ticket on clipper for flight to Europe. .. ."Liquid coal" makes debut as auto fuel Poughkeepsie Regatta ....Princeton mile. RKO PATHE NEWS— No. 95, Vol. 10.— West Point graduating cadets hear President Baseball marks its 100 birthday Nation opens war on slum districts.... Gunners aim for North-South title. .. .Grand Coulee Dam nears completion London fire-fighters go on review Greyhound racing in Australia. RKO PATHE NEWS— No. 96, Vol. 10.— King and Queen conclude North American tour. ... Finland meets war debt installment Kennedy receives Cambridge degree Axis legions return from Spain ....California wins rowing classic. ... Military pageant held in London Jam in mile upsets Wooderson. . . . Natonal track meet. UNIVERSAL NEWSREE^-No. 780, Vol. 11.— Roosevelt officiates at West Point graduation Baseball centenary celebration Foreign troops patrol Shanghai Fascist legions leave Spain Rodeo Gambling ship off Santa Monica Mexican aviator's funeral. .. .Convention of twins.... American polo team beats British. UNIVERSAI, NEWSREEL— No. 7S1, Vol. 11.— King and Queen sail for home.... 30 off for Europe on Atlantic Clipper Trooping of colors in London Regatta. ... Ford at Fair French honor Jofifre.... Liquid coal propels auto Itahan soldiers return home Russian envoy assumes post. ... Finland pays debt.... Old folks' convention. Eddie Healey Dead Eddie Healy, 44, formerly of the vaudeville team of Healy and Cross, plunged to his death June 18th in Providence, R. I., in an effort to escape from a fire-swept building. Two others died in the blaze. Chick Webb Chick Webb, 30, Negro orchestra leader, died at Johns Hopkins Hospital in Baltimore June 16th after an urological operation. P. H. Sullivan Patrick H. Sullivan, Sr., 72, only surviving brother of Timothy (Big Tim) Sullivan, the colorful Tammany politician who died in 1913, and at one time a member of the theatrical company of Sullivan, Harris and Woods (Al Woods and Sam H. Harris.) died June 16th in New York. Reserve "Lyn+on" Decision Decision was reserved this week by the United States circuit court of appeals on crossappeals of Metro-Goldwyn-Mayer and Edward Sheldon and Margaret Ayer Barnes, authors, who were awarded $532,000 for claimed plagiarism of "Dishonored Lady" in the MGM film, "Lettv Lynton." OBITUARIES Isidor Frey of Loew J Is Dead Isidor Frey, 61, assistant general counsel of Loew's, Inc., died J une 18th at Mt. Sniai Hospital, New York, following an illness of three weeks. "Judge" Frey, as he was known, although he never held judicial ofiice, was an assistant secretary and a director of the company, with which he was associated for 20 years. Born in New York, the son of Joseph and Babette Frey, Judge Frey attended schools there and received a law degree from New York University. He was admitted to the Bar in 1899 and began the practice of law in the office of the late Alfred Steckler, former supreme court justice. His nearest surviving relatives are a nephew, Alexander Frey, manager of Loew's Hollywood on' Avenue A, Manhattan, and two nieces, Ethel and Ruth Frey, both of New York. Funeral services were held Tuesday at Riverside Memorial Chapel in New York. Directors and officers of Loew's attended. Williann McCartney Dies; Warner Theatre Manager William Penn McCartney, 54, manager of Warner Brothers' Jefferson theatre in Punxsutawney. Pa., died June 13th. Mr. McCartney in partnership with the late Peter Johnson purchased the Jefferson many years ago and they continued to increase their holdings to include St. Marys, Ridgway, Johnsonburg and Indiana theatres. They later disposed of their holdings to Roland and Clark of Pittsburgh, who in turn sold to Warner Brothers. He had been manager of the Jefferson from the time he purchased it until his death. Mr. McCartney was a leader of community life in Punxsutawney. The Punxsutawney Spirit in a two column obituary on the front page said of him : "No death in the history of this city has caused the general sorrow and regret as has that of this genial, kindly, lovable man." Sam Pokrass Dies; Connposer for Filnns Samuel Pokrass, 45, composer and lyricist, died of a heart ailment June 15th at Roosevelt Hospital in New York. Before coming to this country he composed many famous compositions in Russia, the land of his birth. The best known of them was "Tchto Mnie Gore" (What Do I Care). For the last two years Mr. Pokrass was under contract to Twentieth Century-Fox and was responsible for the music in "Rebecca of Sunnybrook Farm," "Happy Landing," "Three Musketeers," "The Little Princess" and "Wife, Husband and Friend." He recently completed an operetta, "Cyrano de Bergerac," on which he worked seven years, and plans were being made to produce it on Broadway. J. E. Adams J. E. (Jimmy) Adams, 39, operator of a small circuit of film houses in Hodge, Cotton Valley and Jonesboro, Mississippi, died June 16th when his car capsized near Hodge. H. A. Saintsbury H. A. Saintsbury, 69, actor and playwright, died in London June 19th. He had appeared on the stage as "Sherlock Holmes" at least I, 404 times.