Paul Whiteman Orchestra - In A Little Spanish Town (Twas On A Night Like This) 1926 Jack Fulton

Description:
Victor 20266 - (Recorded In 1926) Peaked On US Music Charts At #1 In 1927.
"In a Little Spanish Town" is a popular song published in 1926. The music was written by Mabel Wayne, and the lyrics by Sam M. Lewis & Joe Young.
With Jack Fulton's vocals, the song was a 1926 hit for Paul Whiteman & his Orchestra as his recording topped the U.S. charts for eight weeks.
The song had continuing popularity for several decades and was covered in later recordings.
A similar melody to "In a Little Spanish Town" was used for "Why" written by Bob Marcucci (words) and Peter de Angelis and was a huge hit for Frankie Avalon in the USA and Anthony Newly in the UK in 1959. Copyright cases were launched on both sides of the Atlantic but neither succeeded. The English High Court said that there was a degree of similarity but no infringement of copyright because the plaintiffs could not prove that there was a conscious or subconscious act of copying.