Legal Opinion

Damron v. Doubleday, Doran & Co.

New York Supreme Court

Decided November 8, 1928PublishedCited by 26 opinions

1Opinion of the CourtGavegan, J.

Defendants apply for judgment on the theory that plaintiff has not stated a cause of action. There are three actions, one against the author of a novel called “ Show Boat,” one against its publishers, arid a third against a bookseller. In the story,. which is spread over 398 pages, plaintiff's name is mentioned at one place, in a scene laid in Catlettsburg, Ky. He alleges that in this scene his name is used as that of one of the characters, and that he is made to appear as one of the characters. It is argued for plaintiff that, on the use at a single place in the book, without his consent, of…

2Cases cited1 opinion

  1. Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902

3Cited by26 opinions

  1. Cason v. BaskinSupreme Court of Florida · 1944
  2. Lahiri v. Daily Mirror, Inc.New York Supreme Court · 1937
  3. Flores v. Mosler Safe Co.New York Court of Appeals · 1959
  4. Netzer v. Continuity Graphic Associates, Inc.District Court, S.D. New York · 1997
  5. University of Notre Dame Du Lac v. Twentieth Century-Fox Film Corp.Appellate Division of the Supreme Court of the State of New York · 1965

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