Miller v. Ewing
Ohio Supreme Court
Error to the Circuit Court of Wayne County. The plaintiff in error, Joseph Miller, was plaintiff below, and the defendant in error, Charles L. Ewing, administrator of Samuel Ewing, deceased, was defendant below. Plaintiff’s action was founded on a promissory note dated December 5, 1884, due in one year, for $300, with interest at eight per cent, payable annually, No credits appeared on the note.
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Error to the Circuit Court of Wayne County. The plaintiff in error, Joseph Miller, was plaintiff below, and the defendant in error, Charles L. Ewing, administrator of Samuel Ewing, deceased, was defendant below. Plaintiff’s action was founded on a promissory note dated December 5, 1884, due in one year, for $300, with interest at eight per cent, payable annually, No credits appeared on the note. Suit was commenced August 19, 1899, and the amount demanded was $300, with interest payable annually from date. The petition contained the further averment of a presentation May 12, 1899, of the claim…
1Opinion of the Court
In form the exceptions of plaintiff are to the charge of the court to the jurj-, the refusals to charge, and the overruling of the motion for a new trial, but in substance the objections relate to the alleged error arising from a wrong conception of the statute applicable to the case; which error resulted in a judgment for defendant when judgment should, under the facts established!, have been given for the plaintiff.
Upon the issue made by the answer and reply that the claim was presented October 8, 1898, and rejected October 11, 1898, the jury found, in addition to the general verdict for…
2Cases cited5 opinions
- Brown v. AndersonMassachusetts Supreme Judicial Court · 1816
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Selover v. . CoeNew York Court of Appeals · 1875
- State ex rel. Commissioners of Hamilton Co. v. PiattOhio Supreme Court · 1846
- Wintermeyer v. SherwoodNew York Supreme Court · 1894
3Cited by16 opinions
- Ward v. MagahaWashington Supreme Court · 1913
- Beacon Mutual Indemnity Co. v. StalderOhio Court of Appeals · 1954
- Hawkes Hospital v. ColleyOhio Supreme Court · 1982
- Beckler v. BaconOhio Court of Appeals · 2007
- Schofield v. John R. Thompson Co.Court of Appeals for the Sixth Circuit · 1940
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