Healey v. R. H. Macy & Co.
Appellate Division of the Supreme Court of the State of New York
1Per curiam
We are of the opinion that there is ample evidence in the record to sustain the verdict of the jury in favor of plaintiff, and that it was error to set it aside. While it is true that the defendant introduced proof to show that the idea used in its 1934 Christmas advertising campaign was originated and developed by its own advertising department independently of plaintiff, there are many inconsistencies and circumstances in defendant’s case which cloud the testimony with suspicion. The issue on this score, therefore, was strictly one of veracity, and it was the jury’s province to determine…
2Cited by15 opinions
- Stanley v. Columbia Broadcasting System, Inc.California Supreme Court · 1950
- Johnston v. Twentieth Century-Fox Film Corp.California Court of Appeal · 1947
- Brunner v. Stix, Baer & Fuller Co.Supreme Court of Missouri · 1944
- Cole v. Phillips H. Lord, Inc.Appellate Division of the Supreme Court of the State of New York · 1941
- Robbins v. Frank Cooper AssociatesNew York Court of Appeals · 1964
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