Legal Opinion

Klug v. Sheriffs

Wisconsin Supreme Court

Decided November 7, 1906PublishedCited by 11 opinions

Appeal from a judgment of tbe superior court of Milwau-, kee county: J. O. Ludwig, Judge. Tbis is an appeal from a judgment of tbe circuit court for. Milwaukee county dismissing tbe plaintiff’s complaint.

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Appeal from a judgment of tbe superior court of Milwau-, kee county: J. O. Ludwig, Judge. Tbis is an appeal from a judgment of tbe circuit court for. Milwaukee county dismissing tbe plaintiff’s complaint. Tbe plaintiff, an artist, contracted witb defendant to paint a por-, trait of bis deceased wife, and for sucb purpose, at plaintiff’s, request, defendant furnished two photographs, one taken indoors, and tbe other, a group photograph, taken out-of-doors,, in which she appeared with others. The photographs were furnished for the purpose of aiding plaintiff in the work. It, was agreed between…

1Opinion of the CourtBhsRwiN, J.

The facts in this case are substantially undisputed, and the questions of law are: (1) Whether the painting of the second portrait was an invasion of the so-called “right of privacy;” and (2) whether the painting of the second portrait was a breach of trust, contract, or confidence, and whether the plaintiff acquired any property in the second portrait.

1. Upon the first proposition, as regards the right of privacy, the authorities seem to leave the question in some uncertainty as to the extent to which courts will go in enforcing the right. In Atkinson v. Doherty & Co. 121 Mich. 372, 80 N. W.…

2Cases cited8 opinions

  1. Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
  2. Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
  3. Schuyler v. . CurtisNew York Court of Appeals · 1895
  4. Atkinson v. John E. Doherty & Co.Michigan Supreme Court · 1899
  5. Corliss v. E. W. Walker Co.U.S. Circuit Court for the District of Massachusetts · 1894

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3Cited by11 opinions

  1. Melvin v. ReidCalifornia Court of Appeal · 1931
  2. Eick v. Perk Dog Food Co.Appellate Court of Illinois · 1952
  3. Hirsch v. S. C. Johnson & Son, Inc.Wisconsin Supreme Court · 1979
  4. McQueen v. WilsonCourt of Appeals of Georgia · 1968
  5. Wintler Abstract & Loan Co. v. SearsWashington Supreme Court · 1919

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