Midkiff v. Boggess

Indiana Supreme Court

Midkiff v. Boggess

15 Ind. 210, 1860 Ind. LEXIS 357

DecidedDecember 6, 1860

StatusPublished

This text of 15 Ind. 210 (Midkiff v. Boggess) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Midkiff v. Boggess, 15 Ind. 210, 1860 Ind. LEXIS 357 (Ind. 1860).

Pincite

Opinion

Per Curiam.

Suit upon a note, Answer: that the note was given for the right to vend, in a certain territory, “ Bus-sell's New Steel Spring, useful for railroad cars, carriages, saddles,” &c., which was fraudulently represented, &c.

The Court instructed the jury, without reference to any question of fraud or warranty, that if the invention lacked novelty or utility, in its application to any one of the objects for which it was patented, the plaintiff could not recover on the note.

The judgment is reversed, with costs. Cause remanded for further proceedings.

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Per Curiam.

Suit upon a note, Answer: that the note was given for the right to vend, in a certain territory, “ Bus-sell's New Steel Spring, useful for railroad cars, carriages, saddles,” &c., which was fraudulently represented, &c.

The Court instructed the jury, without reference to any question of fraud or warranty, that if the invention lacked novelty or utility, in its application to any one of the objects for which it was patented, the plaintiff could not recover on the note.

The judgment is reversed, with costs. Cause remanded for further proceedings.

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Bluebook (online)

15 Ind. 210, 1860 Ind. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/midkiff-v-boggess-ind-1860.