Rosenthal Paper Co. v. National Folding Box & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The National Folding Box and Paper Company, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of May, 1916, reversing a judgment of the City Court of the City of New York in favor of the defendant and setting aside the verdict of a jury in plaintiff’s favor.
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Appeal by the defendant, The National Folding Box and Paper Company, from a determination and order of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of May, 1916, reversing a judgment of the City Court of the City of New York in favor of the defendant and setting aside the verdict of a jury in plaintiff’s favor. An appeal is also taken from the judgment of the City Court of the City of New York, entered in the office of the clerk of said court, pursuant to the determination of the Appellate Term.
1Opinion of the Court
Scott, J.:
Plaintiff sues as assignee of a contract made between one Isse Seligstein and the defendant, whereby said Seligstein, who was the sole owner of letters patent for a folding clothing, millinery .or suit box, known by the trade name as “The Lightning Box,” granted to defendant the exclusive right to manufacture and sell said patented box within the border lines of some eleven States and the District of Columbia, including all the eastern and middle States. It was mutually agreed between the parties to the agreement that said exclusive right was sold upon certain “terms and conditions.”
2Cases cited3 opinions
- Lovell v. St. Louis Mutual Life InsuranceSupreme Court of the United States · 1884
- Burdell v. DenigSupreme Court of the United States · 1876
- Rosenthal Paper Co. v. National Folding Box & Paper Co.City of New York Municipal Court · 1915
3Cited by2 opinions
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- Martin v. New Trinidad Lake Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1918