Page:Woods v. Carl.pdf/2

ARK.] ::sale of a patent right, within the meaning of Kirby's Digest, §§ 513–516. (Page 331.)
 * 1) NEGOTIABLE INSTRUMENTS—VALIDITY OF PATENT RIGHT ACT.—The act of April 23, 1891, providing that negotiable instruments executed in consideration of the sale of patented machines or patent rights  shall be executed on printed forms showing the consideration, and that no person shall be deemed an innocent holder of such instrument (Kirby's Dig. §§ 513–516), is a valid exercise of police power, and does not impair the rights conferred by the patent issued by the Federal government nor invade the constitutional authority of Congress. (Page 332.)
 * 2) SAME.—If it be conceded that section 4 of the act of April 23, 1891, exempting from the operation of the three preceding sections "merchants and dealers who sell patented things in the usual course of business," conflicts with the clause of Amendment Fourteen of the Federal Constitution guarantying to all persons within the  jurisdiction of the State "the equal protection of the laws," the preceding sections are valid and enforceable. (Page 335.)
 * 3) APPEAL—HARMLESS ERROR.—The giving of an erroneous instruction was not prejudicial if the verdict was right upon undisputed evidence (Page 335.)


 * Appeal from Pulaski Circuit Court, Second Division.
 * EDWARD W. WINFIELD, Judge.
 * Affirmed.

Appellants sued appellee to recover upon a negotiable promissory note executed by the latter to the Human Gas Company, and which said payee, for a valuable consideration, assigned to appellants before maturity. Appellee, for defense, alleged that "the consideration of the note sued on herein was the sale to him by the said Human Gas Company of a certain patented machine, and the right to the patent thereof in Arkansas, and the said note, not being executed in the form required by law, is absolutely void."

The facts are undisputed. The Human Gas Company, a partnership composed of C. G. Human, Chas. Heberer, and J. W. Hansen, were the owners of the right to manufacture and sell in the State of Arkansas, and other States, a patented machine known as the Human Automatic Acetylene Gas Generator used for the purpose of generating gas; and in consideration of the