Ozan Lumber Co. v. Union County Nat. Bank of Liberty
Court of Appeals for the Eighth Circuit
■ In Error to the Circuit Court of the United States for .the Western District of Arkansas. The lumber company, in the purchase from a manufacturer of a machine for loading logs upon cars, gave 11 promissory notes negotiable in form. The bank acquired the notes in the regular course of business for value and before maturity, and upon default in payment brought action against the lumber company.
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■ In Error to the Circuit Court of the United States for .the Western District of Arkansas. The lumber company, in the purchase from a manufacturer of a machine for loading logs upon cars, gave 11 promissory notes negotiable in form. The bank acquired the notes in the regular course of business for value and before maturity, and upon default in payment brought action against the lumber company. The latter asserted by way of defense that the machine was covered by letters patent of the United States, that the notes were not executed upon a printed form showing that the consideration was a…
1Opinion of the CourtHook, Circuit Judge
Tlie question presented is that of the validity of the Arkansas statute. which, as applied to this case, declares that the notes are nonnegotiable and are null and void in the hands of an innocent purchaser, because' they were not executed upon printed forms showing on their face that they were given in payment of a patented machine. It will be noticed that the statute strikes directly at the protection, afforded by a patent issued by the national government, and that it does not proceed upon any consideration of the character of the machine itself, or the use for whicli it is designed. If…
2Cases cited23 opinions
- Patterson v. KentuckySupreme Court of the United States · 1879
- Webber v. VirginiaSupreme Court of the United States · 1881
- Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
- New v. WalkerIndiana Supreme Court · 1886
- Mason v. McLeodSupreme Court of Kansas · 1896
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Union County Nat. Bank v. Ozan Lumber Co.Court of Appeals for the Eighth Circuit · 1910
- Columbia County Bank v. EmersonSupreme Court of Arkansas · 1908
- Union County Nat. Bank v. Ozan Lumber Co.Court of Appeals for the Eighth Circuit · 1910