Rhodes v. Sperry & Hutchinson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Sperry and Hutchinson Company, •from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the. 30th day of November, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the- 14th day of December, 1906, denying the defendant’s: motion for a new trial' made upon the minutes. .■
1Opinion of the Court
Jenks, J.:
This action is brought under chapter 132 of the Laws of 1903, entitled-.“An act to prevent the 1 unauthorized use of the name or picture of any perspn for the purposes of trade.” In June, 1904, the plaintiff sat in various poses for her photograph to Mr. Young. Sim accepted and paid for some of them. In November, 1904, Mr: Young made a contract with the • defendant whereby he agreed to take photographs for collectors Of the defendant’s trading stamps.The defendant,, who was a 'promoter of this1 scheme of trade, kept an office in West 23d street ip the borough of .Manhattan, whereat…
2Cases cited3 opinions
- Hamilton v. . Third Avenue Railroad Co.New York Court of Appeals · 1873
- Preiser v. WielandtAppellate Division of the Supreme Court of the State of New York · 1900
- Smith v. LeoNew York Supreme Court · 1895
3Cited by4 opinions
- Sperry & Hutchinson Co. v. RhodesSupreme Court of the United States · 1911
- Sperry & Hutchinson Company, Plff. In Err., VSupreme Court of the United States · 1911
- Colyer v. Richard K. Fox Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Jacob v. SchiffNew York Supreme Court · 1913