McKernan v. Hite

McKernan, as the assignee of Parker, brought an action before a justice of the peace, against Hite and Inmcm, on a promissory note. On appeal to the Common Pleas there was a trial and judgment for the defendant.

The defence set up was, that the note was given to compromise a claim set up against the makers, for the infringement of a patent right which Parker, the payee, alleged he held as assignee; and that his deed of assignment had not been recorded.

It was proved on the trial that the person who took the note from the makers, represented himself to be Parkefs agent; and that he threatened to…