Legal Opinion

Norwalk National Bank v. Sawyer

Ohio Supreme Court

Decided October 3, 1882Published

Error to District Court of Huron County. In 1863, or early in 1864, Geo. AV. Clary, Seymour B. Martin and Daniel Packard, agreed to enter into a partnership, under the firm name of Clary & Co., to carry on distilling grain at Monroeville, Huron county. At the time the partnership was actually formed (February 12, 1864), they purchased and received a conveyance of certain real estate at Monroeville, upon which there was a distillery.

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Error to District Court of Huron County. In 1863, or early in 1864, Geo. AV. Clary, Seymour B. Martin and Daniel Packard, agreed to enter into a partnership, under the firm name of Clary & Co., to carry on distilling grain at Monroeville, Huron county. At the time the partnership was actually formed (February 12, 1864), they purchased and received a conveyance of certain real estate at Monroeville, upon which there was a distillery. The conveyance was made to them individually, and not as a firm, and on the face of the instrument they were simply tenants in common. In fact, however, they…

1Opinion of the CourtOkey, C. J.

The instrument dated June 7, 1873, executed by Clary to Sawyer, and containing a description of the distillery property, was in equity an indemnity mortgage, to save the latter harmless from the payment of the debt of Clary, and, under the circumstances, its effect was not destroyed by its destruction. Dukes v. Spangler, 35 Ohio St., 119; Jeffers v. Philo, 35 Ohio St., 173.

Although the money received by Clary from Stentz was used in the prosecution of the partnership business, this did not make it a partnership debt. Peterson v. Roach, 32 Ohio St., 374; Merchants & T. Ins. Co. v. Richardson,…

2Cases cited3 opinions

  1. Tarbell v. . WestNew York Court of Appeals · 1881
  2. Rammelsberg v. MitchellOhio Supreme Court · 1875
  3. Mechanics' & Traders' Insurance v. RichardsonSupreme Court of Louisiana · 1881

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