Kelley v. Kelso & Loomis
Ohio Supreme Court
This is a petition in error, to reverse the judgment of the District Court of Cuyahoga county. Kelley, the plaintiff in error, was the defendant in the court below, and now assigns for error, that that court overruled the defense he set up upon the facts admitted, and rendered judgment against him.
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This is a petition in error, to reverse the judgment of the District Court of Cuyahoga county. Kelley, the plaintiff in error, was the defendant in the court below, and now assigns for error, that that court overruled the defense he set up upon the facts admitted, and rendered judgment against him. The facts appear in the opinion of the court. cited Quachenbnsh v. BawJcs, 1 Denio 128 ; Bastings v. Lane, 3 Shep. 134; Forsyth v. Marbury, R. M. Charlt. 324; Garrett v. Loe, 1 Scam. 335 ; Guard v. Rowan, 2 Scam. 499; Steamboat Monarch v. Finley, 10 Ohio 385, 390.
1Opinion of the CourtRanney, C. J.
This action was brought by the defendants in error, to recover for a quantity of coal furnished the steamboat Great Western, of which the plaintiff in error was one of the owners. The coal was furnished, and the cause of action accrued, in the year 1850. About the first of January, 1851, upon proceedings in admiralty instituted in the district court of the United States for the northern district of New York, by the plaintiffs below, and other creditors of the boat, she was sold, and a portion of the proceeds applied upon the debt due to the defendants, leaving a sum still due them, for which…
2Cases cited1 opinion
- Quackenbush v. DanksCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- State ex rel. Sweeney v. DonahueOhio Supreme Court · 1967
- Taylor ex rel. Taylor v. Columbus Railway Co.Ohio Circuit Courts · 1903
- Feike v. C. & E. R. R.Ohio Circuit Courts · 1892
- Feike v. C. & E. R. R. Co.Clinton Circuit Court · 1892
- State ex rel. Hosbrook v. StaleyOhio Circuit Courts · 1891
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