Ensign v. Coffelt
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. Where a note is void under section 513, Kirby’s Digest, the value of the patented article may be recovered on the contract of sale. 70 Ark. 200. If one of two considerations for a contract is void for insufficiency merely, and not illegality, the other, if sufficient, will support the contract. 117 Am.
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Appeal from Benton Circuit Court; J. S. Maples, Judge; 1. Where a note is void under section 513, Kirby’s Digest, the value of the patented article may be recovered on the contract of sale. 70 Ark. 200. If one of two considerations for a contract is void for insufficiency merely, and not illegality, the other, if sufficient, will support the contract. 117 Am. St. Rep. 495; 63 O. St. 363; 57 Miss. 418, and note 3. This principle will hold good in cases based upon the above statute. If the gas generator purchased was a patented machine or some parts of it were patented, and the rest of the…
1Opinion of the Court
Frauenthal,- J.
This is an action instituted on a note which was executed by the defendant, R. L. Coffelt, on March 8, 1908, for $225, payable to the order of A. S. Phelps, Jr., 18 months after its date, with interest. The note is a negotiable instrument, and the plaintiff alleged that he was a bona fide purchaser thereof before maturity and for a valuable consideration. The defendant admitted the execution of the note, but resisted its enforcement on various grounds, amongst which are the following: (1) he denied that the plaintiff was an innocent purchaser of the note, and alleged that he…
2Cases cited11 opinions
- Ozan Lumber Co. v. Union County Nat. Bank of LibertySupreme Court of the United States · 1907
- Tucker v. WestSupreme Court of Arkansas · 1874
- John Woods & Sons v. CarlSupreme Court of the United States · 1906
- Edwards v. RandleSupreme Court of Arkansas · 1896
- Union County Nat. Bank v. Ozan Lumber Co.Court of Appeals for the Eighth Circuit · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Citizens' State Bank of Newton v. RoweSouth Dakota Supreme Court · 1915
- Bryant Lumber Co. v. Fourche River Lumber Co.Supreme Court of Arkansas · 1916
- Ensign v. CoffeltSupreme Court of Arkansas · 1915
- J. B. Colt Company v. MitchamSupreme Court of Arkansas · 1926
- Jonesboro Trust Co. v. NuttSupreme Court of Arkansas · 1915
4 more not listed; retrieve them via the Exa API.