Hochstadter v. H. Tarr, Inc.

The question involved on this appeal is whether, in the absence of an agreement on the subject, negatives belonged to the customer or to the photographer.

The plaintiffs brought this action in replevin to recover five negatives of certain photographs taken of them by the defendant, a professional photographer. The photographs were taken for an agreed price, were delivered and the bill was paid. Plaintiffs then demanded delivery of the negatives whose value was proved as merely nominal. The court below decided that the negatives belonged to the customer and granted judgment against the…