Morrison v. Pettibone
U.S. Circuit Court for the Northern District of Illnois
This was an action in replevin by William M. Morrison against P. F, Pettibone & Co. to recover certain sheets and plates alleged to be infringements of plaintiff’s copyright of a photograph, under section 4965, Rev. St. The case was heard on motion to set aside verdict rendered in favor of the plaintiff.
1Opinion of the Court
SEAMAN, District Judge.
On the pleadings and matters conceded at the trial, it appeared to me that two questions only were presented in this case, both involving the construction to he placed upon the statute: (1) Whether replevin is the proper remedy to enforce the forfeiture of infringing plates and sheds found in the possession of the defendants, as declared by section 4965 relating to copyrights; and (2) whether sheets containing the first or outline impression only, and not completed as a copy, were within the provision that “he shall forfeit to the proprietor all the plates on which the…
2Cases cited14 opinions
- Stevens v. GladdingSupreme Court of the United States · 1855
- Perris v. HexamerSupreme Court of the United States · 1879
- Fire Department of New-York v. KipNew York Supreme Court · 1833
- Bolles v. Outing Co.Court of Appeals for the Second Circuit · 1897
- Thornton v. SchreiberSupreme Court of the United States · 1888
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3Cited by6 opinions
- Duchess Music Corporation v. Martin SternCourt of Appeals for the Ninth Circuit · 1972
- Altman v. New Haven Union Co.District Court, D. Connecticut · 1918
- Chappell & Co. v. CostaDistrict Court, S.D. New York · 1942
- Falk v. Curtis Pub. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1900
- Duchess Music Corporation v. Martin SternCourt of Appeals for the Ninth Circuit · 1972
1 more not listed; retrieve them via the Exa API.