Twentieth Century Co. v. Quilling
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dunn •county: James O’Neill, Judge. This is an action to recover upon a promissory note of $400 executed by the defendant to the plaintiff March 23, 1904, ■on which $100 is admitted to have been paid.
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Appeal from a judgment of the circuit court for Dunn •county: James O’Neill, Judge. This is an action to recover upon a promissory note of $400 executed by the defendant to the plaintiff March 23, 1904, ■on which $100 is admitted to have been paid. The defendant by answer alleged in substance that the note in question was executed solely in consideration of an illegal and void •contract made at the same time, by the terms of which defendant was to have the exclusive right to sell to residents of ■Gates county a certain patent pole and thiil coupling, to be manufactured by plaintiff at prices…
1Opinion of the CourtWinslow, J.
The general question presented is whether a transaction such as is alleged in the proposed amended answer is contrary to public policy. The plaintiff owned a valid patent upon a small device designed for use upon buggies and carriages which was of some utility. It was perfectly competent for the plaintiff to sell an exclusive right to wend the device in a given county and take a note therefor, and such note would be valid and enforceable in full (in the *323absence of fraud), notwithstanding the fact that the value of the right sold might be greatly overestimated. A valid patent on a useful…
2Cases cited6 opinions
- McNamara v. GargettMichigan Supreme Court · 1888
- Schmueckle v. WatersIndiana Supreme Court · 1890
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Davis v. SeeleyMichigan Supreme Court · 1888
- Hubbard v. FreibergerMichigan Supreme Court · 1903
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3Cited by21 opinions
- State v. ITM, Inc.New York Supreme Court · 1966
- People v. Bestline Products, Inc.California Court of Appeal · 1976
- Grozdanich v. Leisure Hills Health Center, Inc.District Court, D. Minnesota · 1998
- Fed. Sec. L. Rep. P 99,071, 96 Cal. Daily Op. Serv. 1419, 96 Daily Journal D.A.R. 2427 Shaun Webster and Robert Ligon v. Omnitrition International, Inc. Jim Fobair Roger Daley Charles Ragus and Jerry Rubin, Shaun Webster and Robert Ligon v. Douglas Adkins and Gardere & WynneCourt of Appeals for the Ninth Circuit · 1996
- People Ex Rel. Fahner v. WalshAppellate Court of Illinois · 1984
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