128 N.Y.S. 144 | N.Y. Sup. Ct. | 1910
The action is brought under sections 50 and 51 .of the Civil Eights Law (Consol. Laws, chap. 6) to enjoin the publication and sale by defendants of certain book-s with the imprint of plaintiff’s name on the covers in which they are bound and the wrappers in which they are inclosed. The plaintiff is an author of standing and reputation, who has written juvenile and historical works during the past forty years. Among his earlier juvenile works are two, entitled “ In the Apache Country,” and “ The White Mustang,” which he published in 1888 and 1889, respectively, under the assumed name of “ Lieutenant E. H. Jayne,” and which have never been published by plaintiff or Ms authority in connection with his own proper
Judgment for defendants.