Parton v. Prang
U.S. Circuit Court for the District of Massachusetts
This was a bill in equity to restrain the respondent from publishing and selling chromo lithographic copies of a painting, representing a view on Claverack creek, Columbia county, in the state of New York, executed by the complainant and praying' for an account [Arthur] Parton alleged that he was an artist earning his living by designing, composing, and painting landscapes and other pictures, and selling the same; that he designed from nature and executed the picture of…
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This was a bill in equity to restrain the respondent from publishing and selling chromo lithographic copies of a painting, representing a view on Claverack creek, Columbia county, in the state of New York, executed by the complainant and praying' for an account [Arthur] Parton alleged that he was an artist earning his living by designing, composing, and painting landscapes and other pictures, and selling the same; that he designed from nature and executed the picture of rural scenery described in the bill of complaint, that having so designed and composed the same, he executed a large copy…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The case now stands in the same posture as if a demurrer had been filed to the bill, which would admit that everything well pleaded in the answer was fully proved. 2 Daniell, Ch. Prac. (3d Ed.) 998; Gettings v. Burch, 9 Cranch [13 U. S.] 372; Leeds v. Marine Ins. Co., 2 Wheat. [15 U. S.] 380; Brinckerhoff v. Brown, 7 Johns. Ch. 217; Dale v. McEvers, 2 Cow. 118. Viewed in the light of that well-settled rule of practice, it must be assumed as fully *1275proved that the complainant sold the picture for a valuable consideration to the vendor of the respondent, and that the…
2Cases cited3 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Brinckerhoff v. BrownNew York Court of Chancery · 1823
- Dale v. M'EversCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by13 opinions
- Werckmeister v. American Lithographic Co.Court of Appeals for the Second Circuit · 1904
- Maurel v. SmithCourt of Appeals for the Second Circuit · 1921
- Harrison v. Maynard, Merrill & Co.Court of Appeals for the Second Circuit · 1894
- Davis v. VoriesSupreme Court of Missouri · 1897
- Dielman v. WhiteU.S. Circuit Court for the District of Massachusetts · 1900
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