Legal Opinion

Woods v. Carl

Supreme Court of Arkansas

Decided May 6, 1905PublishedCited by 8 opinions

Appeal from Pulaski Circuit Court, Second Division. Edward W. Winfield, Judge. statement by the court. Appellants sued appellee to recover upon a negotiable promissory note executed by the latter to the Human Gas Company, and which said payee, for a valuable consideration, assigned to appellants before maturity.

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Appeal from Pulaski Circuit Court, Second Division. Edward W. Winfield, Judge. statement by the court. Appellants sued appellee to recover upon a negotiable promissory note executed by the latter to the Human Gas Company, and which said payee, for a valuable consideration, assigned to appellants before maturity. Appellee, for defense, alleged that “the consideration of the note sued on herein was the sale to him by the said Human Gas Company of a certain patented machine, * * * and the right to the patent thereof in Arkansas, and the said note, not being executed in the form required by law,…

1Opinion of the Court

McCulloci-i, J.,

(after stating the facts.) The note sued on does not conform to the provisions of the act of.April 23, 1891 (Kirby’s Dig. § § 513-516), in that it does not show upon its face that it was executed in consideration of the sale of a patented article or patent right.

The statute in question is as follows:

“Sec. 513. Any vendor of any patented machine, implement, substance, or instrument of any kind.or character whatsoever, when the said vendor of the same effects the sale of the same to any citizen of this State on a. credit, and takes any character of negotiable instrument in…

2Cases cited24 opinions

  1. Patterson v. KentuckySupreme Court of the United States · 1879
  2. Leep v. Railway Co.Supreme Court of Arkansas · 1894
  3. Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
  4. New v. WalkerIndiana Supreme Court · 1886
  5. Mason v. McLeodSupreme Court of Kansas · 1896

19 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Ensign v. CoffeltSupreme Court of Arkansas · 1912
  2. Dodd v. Axle-Nut Sign Co.Supreme Court of Arkansas · 1916
  3. Kennedy v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1911
  4. Columbia County Bank v. EmersonSupreme Court of Arkansas · 1908
  5. People's Savings Bank v. RainesSupreme Court of Arkansas · 1928

3 more not listed; retrieve them via the Exa API.

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