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NEYLAND v. HOME PATTERN CO.

No. 403.

65 F.2d 363 (1933)

NEYLAND v. HOME PATTERN CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

May 8, 1933.

Attorney(s) appearing for the Case

Frank, Weil & Strouse, of New York City (Samuel F. Frank and Arthur W. Weil, both of New York City, of counsel), for appellant.

Carter, Ledyard & Milburn, of New York City (J. M. R. Lyeth, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

Neyland sued the defendant at law in the state court for damages under section 51 of the New York Civil Rights Law (Consol. Laws N. Y. c. 6), as amended by Laws 1921 c. 501, which forbids any one to use another's name or portrait for "advertising" or "purposes of trade." The defendant removed the cause to the federal court and the action was tried to a jury. At the conclusion of the evidence the judge took a special verdict on a limited issue...

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