Union County Nat. Bank v. Ozan Lumber Co.

Citations

• 179 F. 710
• 103 C.C.A. 584
• 1910 U.S. App. LEXIS 4701

Syllabus

<p>1. Appeal and Error (§ 179*) — Federal Courts — Actions Tried Without Jury — Mode of Raising Questions for Review.</p> <p>On the trial to the court of an action at law in a federal court, where the evidence is not contradictory in substantial respects, it is a proper practice for raising a question of law for review by the appellate court for each party to submit to the trial court a declaration in his favor on such question.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 1137; Dec. Dig. § 179.*]</p> <p>2. Appeal and Error (§ 1011*) — Review—Findings of Fact.</p> <p>In an action at law tried in a federal court without a jury, findings of fact made by the court on conflicting evidence are conclusive in the appellate court.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3983; Dec. Dig. § 1011.*]</p> <p>3. Bills and Notes (§ 107*) — Notes Given, fob Patented Machine — Validity Under Arkansas Statute — “Merchant” or “Dealer.”</p> <p>Under Kirby’s Dig. Ark. §§ 513-516, requiring negotiable notes ¡taken by any vendor in payment for a patented machine to be on a printed form stating such fact, and providing that all such notes not so showing shall be absolutely void, but that the act “shall not apply to merchant's and dealers who sell patented things in the usual course of business,” a corporation which contracted to “make and deliver” a patented log loader according to certain specifications, and did so, taking notes therefor which did not state that they were given for a patented machine, was not a “merchant” or “dealer” selling the machine in the usual course of business within the exceptions in the statute, where its principal business was the manufacture of other articles, and it did not appear that it had or had ever kept any of such log loaders on hand for sale, or had ever made any except on orders taken in advance and according to specifications agreed upon.</p> <p>[Ed. Note. — For other cases, see Bills and Not