Chamberlain v. Feldman
New York Court of Appeals
300 N.Y. 135, 89 N.E.2d 863 (1949)
- Written by Sarah Holley, JD
Facts
Samuel L. Clemens, under his pen name of Mark Twain, wrote a manuscript that he submitted to an editor for publication. Mr. Twain’s plans for the manuscript and negotiations for its publication were unsuccessful, and the manuscript was never published. In 1945, Mr. Feldman (defendant) purchased the original manuscript at an auction from a person whose possession of the manuscript was unknown. Mr. Feldman sought permission from Mr. Chamberlain (plaintiff), the owner of Mr. Twain’s works not otherwise disposed of during his lifetime, to publish the work, but permission was refused. Mr. Feldman went ahead with the publication nevertheless, and Mr. Chamberlain initiated suit to enjoin Mr. Feldman from reproducing or publishing the manuscript.
Rule of Law
Issue
Holding and Reasoning (Desmond, J.)
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