Citizens' National Bank v. Brown
Ohio Supreme Court
Error to the District Court of Hamilton County. Eugene E. Brown, the defendant in error, brought suit in the superior court of Cincinnati, against the Citizens’ National Bank of Cincinnati, the plaintiff in error, alleging in substance, in his petition, that on the 9th day of August, 1882, he deposited in that bank the sum of eleven hundred and forty-five dollars, and received from the bank a certificate of deposit, of which the following is a true copy : “762. Citizens’…
Read the full summary
Error to the District Court of Hamilton County. Eugene E. Brown, the defendant in error, brought suit in the superior court of Cincinnati, against the Citizens’ National Bank of Cincinnati, the plaintiff in error, alleging in substance, in his petition, that on the 9th day of August, 1882, he deposited in that bank the sum of eleven hundred and forty-five dollars, and received from the bank a certificate of deposit, of which the following is a true copy : “762. Citizens’ National Bank, Cincinnati, August 9th, 1882. Eugene E. Brown has deposited in this bank, eleven hundred and forty-five…
1DissentSpeab, J.
This case was first tried in the superior court upon a demurrer to the petition. The demurrer was sustained, and a judgment entered for defendant. Error was prosecuted to the district court, in which court the judgment below was reversed, and the cause remanded for trial. The ground of reversal (opinion in 9 Law Bulletin, 361) seems to have been that the certificate was, in legal effect, a demand note, and overdue at the time of the alleged loss. Upon trial, the superior court, yielding its judgment to the authority of the district court, found the facts and rendered the judgment as given in…
2Cases cited14 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Pardee v. . FishNew York Court of Appeals · 1875
- Howell v. . AdamsNew York Court of Appeals · 1877
9 more not listed; retrieve them via the Exa API.