Oertel v. Wood

Decided January 15, 1870

New York Supreme Court · decided 1870-01-15

This suit was instituted to protect the plaintiffs’ literary property in a picture in oil, painted by the plaintiff Oertel, and by him styled “ The Rock of Ages,” and to prevent the sale of photographic reproductions of such painting by the defendant. A preliminary injunction to restrain such sale, was granted by his honor Mr. Justice Barnard.

Cited by 1 later decisions (1 by the Supreme Court) — most recently May 1909

Good law ✅— No negative treatment on recordhow we know

Decided 1870-01-15

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Cardozo, J.

¶1This case cannot be distinguished in principle from the cases of Prince Albert agt. Strange, (2 De G. & Sm., 652,) and Turner agt. Robinson, (10 Ir. Ch., 510.) Perhaps the injunction is too broad, but that can be remedied. The motion to dissolve must be denied.

¶2Ordinarily the question like that presented here, should not be passed upon on a motion to overrule a demurrer as frivolous, but when it has been fully argued, it may as well be disposed of on the merits as not, especially when those merits are really involved in the motion to dissolve the injunction.

¶3The motion of the plaintiffs for judgment, is therefore, granted.