Fay v. Lambourne
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Herbert Lambourne and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 29th day of Hay, 1907, upon the decision of the court, rendered after a trial at the New York Special Term, enjoining the defendants from, in any manner or way using the name, title or trade mark of the plaintiffs, or any words or name similar to the words or name used by the plaintiffs.
1Opinion of the Court
Houghton, J.:
For a number of years the plaintiffs, who are husband and wife, have given entertainments throughout the country under the name of “Th,e Fays.” jVYiiile certain sleight of hand tricks are interspersed the principal performance consists, as the record discloses, of alleged mind reading and the telling of past as well as future events. This consists of the answering by the wife of written questions propounded by auditors. Ability to answer these questions and to foretell the future is pretended to come from supernatural poxvers possessed by her. If any one in the audience desires…
2Cases cited3 opinions
- Prince Manufacturing Co. v. Prince's Metallic Paint Co.New York Court of Appeals · 1892
- Fetridge v. WellsThe Superior Court of New York City · 1857
- Gluckman v. StrauchAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by11 opinions
- Mitchell v. City of BirminghamSupreme Court of Alabama · 1931
- Rick v. BuchanskyDistrict Court, S.D. New York · 1985
- Davis v. StateOhio Supreme Court · 1928
- NEFEDRO v. Montgomery CountyCourt of Appeals of Maryland · 2010
- Smith v. BarnesOregon Supreme Court · 1929
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