Legal Opinion

Miller v. Madison Square Garden Corp.

New York Supreme Court

Decided June 16, 1941PublishedCited by 8 opinions

1Opinion of the Court

Pécora, J.

In this action plaintiff seeks to recover both general and exemplary damages from defendant, because of the latter’s *715publication of a picture of the plaintiff with the following inscription under it: “ 1 Broncho Charlie ’ Miller (left), last of the pony express riders, racing a high wheel cyclist 50 years ago in London for six days. The Penny Illustrated Paper, London, November 19, 1887, reports 1 Living horse defeated iron horse.’ ”

Plaintiff alleges that the publication was without his written consent; and that such use of his name and picture was for advertising and trade…

2Cases cited4 opinions

  1. Jeffries v. New York Evening Journal Publishing Co.New York Supreme Court · 1910
  2. Colyer v. Richard K. Fox Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
  3. Lane v. F. W. Woolworth Co.New York Supreme Court · 1939
  4. American Trading Co. v. CarrilesAppellate Division of the Supreme Court of the State of New York · 1939

3Cited by8 opinions

  1. Palmer v. Schonhorn Enterprises, Inc.New Jersey Superior Court Appellate Division · 1967
  2. Jarvis v. a & M RECORDSDistrict Court, D. New Jersey · 1993
  3. Maryland Manger v. Kree Institute of Electrolysis, Inc. And Garo ArtinianCourt of Appeals for the Second Circuit · 1956
  4. Pooley v. National Hole-In-One Ass'nDistrict Court, D. Arizona · 2000
  5. Sperry Rand Corporation v. William R. Hill, Jr.Court of Appeals for the First Circuit · 1966

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