Harris v. H. W. Gossard Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The H. W. Gossard Company, Inc., and another, from an order of the Supreme Conreinado at the New York Trial Term and entered in. tireoffice of the clerk of the county of New York on the 8th day of June, 1920, granting plaintiff’s motion to set hde the verdict and ordering a new trial.
1Opinion of the Court
Page, J.:
Plaintiff, -ought this action to recover damages for the use of her najriw md portrait for advertising and purposes of trade without (her consent, contrary to the provisions of the Civil Rights /Law (§§ 50, 51, as amd. by Laws of 1911, chap. 226). /The principal contested question of fact was whether the plaintiff had -given her consent to the publication of her name/ and portrait. The court instructed the jury that if they{found that the defendants had so used the name and portrait of the plaintiff, knowing that she had not given heij consent thereto, either orally or in writing,…
2Cases cited2 opinions
- Dimon v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Mulcahy & Gibson, Inc. v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915
3Cited by5 opinions
- Electra v. 59 Murray Enterprs., Inc.Court of Appeals for the Second Circuit · 2021
- Lomax v. New Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1963
- Alexandre v. Westchester Newspapers, Inc.Mount Vernon City Court · 1938
- Sidney v. A. S. Beck Shoe Corp.New York Supreme Court · 1934
- Harris v. Vogue Co.Appellate Division of the Supreme Court of the State of New York · 1921