METZGER v. DELL PUB. CO.


207 Misc. 182 (1955)

James Metzger, an Infant, by Catherine Metzger, His Guardian ad Litem, et al., Plaintiffs, v. Dell Publishing Co., Inc., Defendant.

Supreme Court, Trial Term, New York County.

January 17, 1955.


Attorney(s) appearing for the Case

Thomas P. Nevin for plaintiffs.

Joseph F. Sharp for defendant.


WALTER, J.

In the January, 1953, issue of its magazine Front Page Detective defendant published an article, or story, entitled "Gang-Boy", and in connection therewith it published several photographs, one of which the jury has found is a photograph of the plaintiffs herein.

In this action for damages, plaintiffs allege an unauthorized use of their portrait for the purposes of trade, which is an...

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