Ross v. Johnson
Ohio Superior Court, Cincinnati
This was an action on a promissory note, made by the defendant to Nelson Newman, or order, and by him endorsed to the plaintiffs. The note on which the action was brought, was given by the defendant to Newman, as a part of the consideration on a sale of a patent right.
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This was an action on a promissory note, made by the defendant to Nelson Newman, or order, and by him endorsed to the plaintiffs. The note on which the action was brought, was given by the defendant to Newman, as a part of the consideration on a sale of a patent right. Before the sale, the ex-elusive right to the patented machine in certain parts of the United States had been disposed of, and the sale extended to the unsold territory, the exact extent of which at the time of the sale was not known. A deed of assignment for such unsold territory was executed on the 20th day of January 1853,…
1Opinion of the CourtGholson, J.
In the strongest view in which the facts of the case can be presented for the defendant, the transaction could only amount to this, — that Newman transferred to Johnson the unsold patent rights, and the money due for those sold, receiving in part consideration the note on which the action is founded. This money might come into the hands *392of Newman, and to secure its payment over to Johnson, the bond was taken; but still the money from the time of the transfer was the money of Johnson.
In this view of the matter, the most favorable for the defendant, he would on the receipt of any money by…
2Cited by2 opinions
- Boyer v. ClarkNebraska Supreme Court · 1873
- German American Savings Bank Co. v. GrossmanOhio Circuit Courts · 1897