Hardesty v. Smith,

3 Ind. 39 (1851)

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Nature of the Case

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Facts

P sued to enforce notes against D for the payment of money. The notes were made payable to Artemis Wood and were by assigned to one Isham and by Isham to P. D plead that the notes were for the sale and assignment of an invention to lamps and that the invention itself and the rights to it had no value. D claimed that Wood falsely and fraudulently represented that said improvement in the lamp would burn, by one filling with oil, for the space of six hours, whereas, in truth, it would burn for a space of time less than three hours and thirty minutes; and that it would cost but 16 cents to construct one of said lamps, whereas, in truth, it would cost 37 1/2 cents, all which was well known to said Isham and Wood. P demurred, and the court overruled the demurrer and ruled in D’s favor. P appealed.