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.
Read the full summary
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.
1Dissent
Smith, J. (dissenting):
One Seligstein was the owner of a patent for a folding paper box. He gave an exclusive license to the defendant to manufacture and sell those boxes in certain territory, in consideration of the payment of royalties, which were not to be less than $500 per year, for five years. In that license contract he cov*614enanted to faithfully protect said letters patent from any and all substantial infringements thereof. Within a short time after the execution of this contract with defendant, the defendant wrote to Seligstein calling his attention to the sale of similar boxes and…
2Cases cited7 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Kelsey v. . WardNew York Court of Appeals · 1868
- Ely v. SpieroAppellate Division of the Supreme Court of the State of New York · 1898
- Watson Fireproof Window Co. v. Henry Weiss Cornice Co.Missouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.