Duffield & Co. v. Ellsworth

Action by plaintiff for a permanent injunction restraining the defendants from pubhshing a book entitled “ Illustrious Corpse ” and for an accounting of profits made by the defendants in connection therewith. Plaintiff's application for a temporary injunction was denied November 1, 1930, and that denial was affirmed by the Appellate Division December 26, 1930 (231 App. Div. 820). Prior to the trial the book had been published by another publisher and copies sold. At trial plaintiff consented to dismissal, without costs, as against defendant Schulte Retail Stores Company and also withdrew the…