Riddle v. . MacFadden
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 9,1909, unanimously affirming a judgment in favor of plaintiff entered upon a verdict rendered upon an assessment of damages made pursuant to an interlocutory judgment of Special Term in an action to restrain the defendant from using plaintiff’s photograph for advertising purposes and for damages.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 9,1909, unanimously affirming a judgment in favor of plaintiff entered upon a verdict rendered upon an assessment of damages made pursuant to an interlocutory judgment of Special Term in an action to restrain the defendant from using plaintiff’s photograph for advertising purposes and for damages. The appeal from the judgment coming on for argument the respondent moved to dismiss the appeal on the ground that the Court of Appeals has no jurisdiction to entertain the same in…
1Opinion of the CourtWillard Bartlett, J.
This action was brought for an injunction and to recover damages under chapter 132 of the Laws of 1903 entitled “ An act to prevent the unauthorized use of the name or picture of any person for the purposes of trade.” The issues on which the plaintiff based her right to equitable relief were tried at Special Term where an interlocutory judgment was rendered in favor of the plaintiff awarding an injunction against the appellant and directing an assessment of damages before a jury at Trial Term. Upon such assessment the jury rendered a verdict for the plaintiff in the sum of $3,000. Final…
2Cases cited4 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Bennett v. . BennettNew York Court of Appeals · 1889
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Price v. . PriceNew York Court of Appeals · 1878
3Cited by26 opinions
- Madden's CaseMassachusetts Supreme Judicial Court · 1916
- Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
- Foley v. Polaroid Corp.Massachusetts Supreme Judicial Court · 1980
- Hurle's CaseMassachusetts Supreme Judicial Court · 1914
- LeFlore v. Reflections of Tulsa, Inc.Supreme Court of Oklahoma · 1985
21 more not listed; retrieve them via the Exa API.