Legal Opinion
Chamberlain v. Feldman
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 1948PublishedCited by 2 opinions
1Opinion of the CourtShientag, J.
The estate of the late Samuel L. Clemens (Mark Twain) brings this action to enjoin publication of an unpublished manuscript written by Mark Twain. The theory of the complaint is that the defendants have no title to the literary property in the manuscript as distinguished from the physical ownership of the autographed manuscript.
The record shows that the manuscript was written in 1876, was submitted to William Dean Howells, editor of the Atlantic Monthly, for publication, and was rejected by that publication. The manuscript was not a finished manuscript but was an outline of a plot which could…
2Cases cited5 opinions
- Palmer v. . De WittNew York Court of Appeals · 1872
- Caliga v. Inter Ocean Newspaper Co.Supreme Court of the United States · 1909
- Pushman v. New York Graphic Society, Inc.New York Court of Appeals · 1942
- Howitt v. Street & Smith Publications, Inc.New York Court of Appeals · 1938
- Oertel v. WoodNew York Supreme Court · 1870
3Cited by2 opinions
- Chamberlain v. FeldmanNew York Court of Appeals · 1949
- In re the Estate of GraceNew York Surrogate's Court · 1970