Roberson v. Rochester Folding Box Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Rochester Folding Box Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 2d day of August, 1900, upon the decision of the court, rendered after a trial at the Monroe Special Term, overruling a demurrer to the complaint.
1Opinion of the Court
Rumsey, J.:
The complaint, after the formal parts showing the right of the plaintiff to sue and the organization of the defendant corporations, alleges that the Franklin Mills Company,, one of the defendants, was engaged in a general milling business and in the manufacture and sale of flour; that before the commencement of the action, without the knowledge or consent of the plaintiff, the defendants, knowing that they had no right or authority so to do, had obtained, made, printed, sold and circulated about 25,000 lithographic prints, photographs or likenesses of the plaintiff, made in a…
2Cases cited12 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Folsom v. MarshU.S. Circuit Court for the District of Massachusetts · 1841
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Foley v. PhelpsAppellate Division of the Supreme Court of the State of New York · 1896
- Atkinson v. John E. Doherty & Co.Michigan Supreme Court · 1899
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3Cited by2 opinions
- Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
- Foster v. SvensonAppellate Division of the Supreme Court of the State of New York · 2015