Roberson v. . Rochester Folding Box Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 30, 1901, affirming an interlocutory judgment in favor of plaintiff entered upon a decision of the court at Special Term overruling demurrers to the complaint. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 30, 1901, affirming an interlocutory judgment in favor of plaintiff entered upon a decision of the court at Special Term overruling demurrers to the complaint. The nature of the action, the facts, so far as material, and the questions certified are stated in the opinion. The complaint does not allege that the publication or circulation of the lithographic “likeness ” of plaintiff was willful; or even that either of the defendants knew that it was, in fact, the…
1Opinion of the Court
Parker, Ch. J.
The Appellate Division has certified that the following questions of law have arisen in this case, and ought to be reviewed by this court: 1. Does- the complaint herein state a cause of action at law against the defendants or either of them ? 2. Does the complaint herein state a cause of action in equity against the defendants or either of them ? These questions are presented by a demurrer to the complaint, which is put upon the ground that the complaint does not state facts sufficient to constitute a cause of action.
As ’ a demurrer admits not only those facts which are…
2Cases cited9 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Schuyler v. . CurtisNew York Court of Appeals · 1895
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- Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
- Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
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