Peck v. Tribune Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The case in the court below was an action at law by plaintiff in error, a citizen of Iowa, against defendant in error, a corporation organized under the laws of Illinois, to recover damages for the printing in its newspaper by defendant in error of the following advertisement : The averment of the declaration is, that the picture on the face of such…
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The case in the court below was an action at law by plaintiff in error, a citizen of Iowa, against defendant in error, a corporation organized under the laws of Illinois, to recover damages for the printing in its newspaper by defendant in error of the following advertisement : The averment of the declaration is, that the picture on the face of such advertisement,: instead of being that of Mrs. A. Schuman, as stated, was and is, the picture of plaintiff in error, published without…
1Opinion of the CourtGrosscup, Circuit Judge
The plaintiff in error indisputably has suffered a wrong, the gist of which is that by the publication of her picture in connection with a patent medicine advertisement, people who recognize the portrait will be led to think that she has loaned her face, and perhaps her name, in a way that a self respecting person would not have consented to. Were the case under review an application for an injunction to restrain future publications, or were it an action at law against the parties consciously responsible for the make-up of the advertisement, a question wholly different from the one presented…
2Cases cited3 opinions
- Platter v. City of SeymourIndiana Supreme Court · 1882
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
- Rhine v. MorrisIndiana Supreme Court · 1884
3Cited by6 opinions
- Peck v. Tribune Co.Supreme Court of the United States · 1909
- A. Belanger & Sons, Inc. v. United States of America for the Use and Benefit of National U. S. Radiator CorporationCourt of Appeals for the First Circuit · 1960
- Meyerson v. HurlbutCourt of Appeals for the D.C. Circuit · 1938
- Neaton v. Lewis Apparel Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
- Porath v. Village of Highland ParkMichigan Supreme Court · 1920
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