Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Roberson v. Rochester Folding Box Co.

New York Court of Appeals
171 N.Y. 538 (1902)


The Franklin Mills Company (defendant) used the likeness of Abigail Roberson (plaintiff) on 25,000 flyers, which were conspicuously posted in public places, to sell Franklin Mills’s flour. Franklin Mills did not have Roberson’s permission. Many people commented about the flyers to Roberson, including many people who jeered and scoffed. Roberson suffered great humiliation, causing nervous shock and requiring her to be bedridden and to call a physician. Roberson sued Franklin Mills for invasion of privacy and asked the trial court to enjoin Franklin Mills from using her likeness. Franklin Mills asked the trial court to dismiss the case; the trial court refused. Franklin Mills appealed. The appellate court certified questions to the highest state appellate court, asking whether Roberson had stated a cause of action.

Rule of Law


Holding and Reasoning (Parker, C.J.)

Dissent (Gray, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial