Haefner v. First National Bank

OPINION

By MATTHEWS, PJ.

This is the second appeal in this case. On the first appeal we held that the defendant’s cross-petition stated a cause of action, notwithstanding it had acquired the chose after the commencement of the action, and remanded the case for further proceedings. Haefner, Admr. v First National Bank of Elmwood Place, 67 Oh Ap 213.

The plaintiff, as Administrator of Taylor H. Morgan, deceased, sought judgment for the balance alleged to be due on a bank deposit. By way of cross-petition, the defendant set forth that as assignee of one Arthur Weiss, it was the owner of a claim…