Ozan Lumber Company v. Union County National Bank of Liberty Indiana

This case comes here upon certiorari directed to the circuit court of appeals for the eighth circuit. The action was commenced in the United States circuit court for the western district of Arkansas, upon certain promissory notes, which the defendant, the Ozan Lumber Company, in its answer alleged had been given by it in payment for a patented article, such notes not being executed upon a printed form, showing they were given in consideration of a patented machine, as required by the statute of Arkansas. Kirby's Digest Laws of Arkansas, §§ 513 to 516, inclusive.

A demurrer to the defense was interposed on the ground that it did not state facts constituting a defense. The circuit court sustained the demurrer, because, as it held, the act was in violation of the 14th Amendment, as denying to the plaintiff the equal protection of the laws. 127 Fed. 206. The case was taken by writ of error to the circuit court of appeals, where the judgment was affirmed for the reason that the act was an illegal discrimination against patented articles. 76 C. C. A. 218, 145 Fed. 344. The application by defendant for a certiorari to review that judgment was granted.

Messrs. U. M. Rose and Thomas C. McRae for petitioner.

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Mr. Morris M. Cohn for respondent.

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Mr. Justice Peckham, after making the foregoing statement, delivered the opinion of the court: