Morton Briskin v. William B. White

This is an appeal from an order of the district court confirming the previous order of a referee in bankruptcy denying the relief sought by appellant and dismissing his application for an injunction. Jurisdiction below was founded upon 11 U.S.C.A. § 11 , sub. a(15). This court has jurisdiction by virtue of 28 U.S.C. § 1291 and 11 U.S.C.A. § 47 .

Morton Briskin is a motion picture and television producer and writer. White maintains an employment agency, placing people in the entertainment industry in motion picture and television studios. Briskin had employed White on contract, known as the “Guild Contract,” covering agencies and persons in the entertainment industry. This provides, inter alia, if the agency does not find employment for the “artist” within four months the contract permits the artist to give the agency notice of discharge, in writing, whereupon the contract is terminated. Briskin purportedly served written notice upon White discharging White as his agent and terminating their contract. White admitted the receipt of this notice prior to the bankruptcy proceedings. Because he had discharged White, Briskin did not list White as a creditor on his schedules filed in…