Legal Opinion

Hollida & Ball v. Hunt

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 11 opinions

Appeal from the Circuit Court of Mercer county; the Hon. Geo. W. Pleasants, Judge, presiding. This was an action of assumpsit, by William H. Hunt, against Hollida & Ball, upon a promissory note given by the latter to Charles T. Davison, and assigned by him to plaintiff. The plaintiff recovered in the court below, and the defendants appealed.

1Opinion of the CourtJustice Scholfield

The question is presented, by the first error assigned, whether the act entitled “An act to regulate the sale of patent rights, and to prevent frauds connected therewith,” approved March 25, 1869, can be sustained as a valid and constitutional enactment.

The substance of its several provisions is as follows:

The first section makes it unlawful for any person to sell, barter, or offer to sell or barter, in any county in the State, any patent right, without first making the affidavit and proof required by the second section.

The second section requires any person desiring or intending to barter or…

2Cases cited2 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Gibbons v. OgdenSupreme Court of the United States · 1824

3Cited by11 opinions

  1. Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
  2. Brechbill v. RandallIndiana Supreme Court · 1885
  3. Citizens' State Bank of Newton v. RoweSouth Dakota Supreme Court · 1915
  4. Woods v. CarlSupreme Court of Arkansas · 1905
  5. Commonwealth v. PettyCourt of Appeals of Kentucky · 1895

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