New York Court of Appeals

The Rosenthal Paper Company, Appellant v. the National Folding Box and Paper Company, Respondent

May 20, 1919226 N.Y. 313

Summary

The New York Court of Appeals held that the royalty contract between Seligstein and the National Folding Box & Paper Company was a concurrent and dependent agreement, that the assignment of the patent and contract to the plaintiff did not bar the plaintiff's action, and that the contract was assignable. Accordingly, the Court reversed the Appellate Division and affirmed the Appellate Term, allowing the plaintiff to recover the unpaid royalties.