Woollen v. Banker
U.S. Circuit Court for the District of Southern Ohio
[Action by W. W. Woollen, administrator, against Peter P. Banker upon a promissory note. Upon a trial before Swing, J., and a jury, a verdict was rendered for the plaintiff (case unreported). A motion for a new trial was heard by Mr. Justice SWAYNE.]
1Opinion of the Court
SWAYNE, Circuit Justice.
The plaintiff brought his action upon a promissory note of $500, containing .the words “given for a patent right.” The defendant set up failure of consideration, for that the patent right was void for want of novelty, and of no value, relying upon the statute of Ohio, passed May 4, 1869 (section 66, Ohio Laws, 93), which provides that “any note the consideration for which shall consist in whole or in part of the right to make, use or vend, any patent invention or inventions claimed to be patented shall have the words ‘given for a patent right’ prominently and legibly…
2Cases cited4 opinions
- Hereth v. Merchants' National BankIndiana Supreme Court · 1870
- Helm v. First National BankIndiana Supreme Court · 1873
- Smith v. HiscockSupreme Judicial Court of Maine · 1837
- Hascall v. WhitmoreSupreme Judicial Court of Maine · 1841
3Cited by4 opinions
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Woods v. CarlSupreme Court of Arkansas · 1905
- Ozan Lumber Co. v. Union County Nat. Bank of LibertyCourt of Appeals for the Eighth Circuit · 1906
- Pegram v. American Alkali Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1903