Wyatt v. James McCreery & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McCreery & Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 27th day of March, 1908, upon the decision of the court, rendered after a trial at the Mew York Special Term, sustaining the plaintiff’s demurrer to the second separate defense contained in the second amended answer.
1Opinion of the Court
Ingraham, J.:
This action was brought under chapter 132 of the Laws of 1903. The complaint alleges that the defendant is a domestic corporation, engaged in the retail business of selling dry goods, objects of art, household decorations and other wares in the city of Mew York; that for several weeks in the autumn and winter of 1906 the defendant “ publicly, knowingly and without the consent, written or otherwise, of the plairjtiff, or of her parent or guardian, have used, displayed, circulated and offered for sale the portrait, picture or photograph of the plaintiff,” and “ have used,…
2Cases cited2 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
3Cited by3 opinions
- Wendell v. Conduit Machine Co.New York Supreme Court · 1911
- Alexandre v. Westchester Newspapers, Inc.Mount Vernon City Court · 1938
- Wyatt v. WanamakerAppellate Division of the Supreme Court of the State of New York · 1908