OVERLAND v. ROTHENBERG


282 A.D. 894 (1953)

Diana Overland et al., as Executors of Leo D. Overland, Deceased, Appellants, v. Max Rothenberg, Defendant; Alex Eisenberg, Respondent, and Le Roy Foods, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 26, 1953.


Order reversed, with one bill of $10 costs and disbursements, and motions granted, without costs.

Plaintiffs' testator made an assignment of 50% of any interest he had in and to a certain patent to the defendant Rothenberg and defendant-respondent Eisenberg. That assignment recited that defendant Le Roy Foods, Inc., was using and claiming the patent. If plaintiffs' testator owned the patent, defendant-respondent became a joint owner of the patent and as such, could...

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