Harley v. Weber
Ohio Circuit Courts
Error to the Court of Common Pleas of Crawford County. This is a petition in error to reverse the judgment of the court of common pleas, rendered in favor of defendant at the September term, 1886. The suit in the court of common pleas was upon a promissory note in the following form : “§250. • > December 25th, 1884. “ On or before the first day of February, 1886,1 promise to pay to Frank Tobin, or bearer, two hundred and fifty dollars, for value received, with interest at…
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Error to the Court of Common Pleas of Crawford County. This is a petition in error to reverse the judgment of the court of common pleas, rendered in favor of defendant at the September term, 1886. The suit in the court of common pleas was upon a promissory note in the following form : “§250. • > December 25th, 1884. “ On or before the first day of February, 1886,1 promise to pay to Frank Tobin, or bearer, two hundred and fifty dollars, for value received, with interest at the rate of six per cent, per annum. Peter Weber. “Indorsed: Frank Tobin.” The defendant filed an answer, alleging that on…
1Opinion of the CourtBeer, J.
The defense, as disclosed by defendant’s answer, is in substance that Tobin when he sold the oats to defendant, made an agreement to sell fifty bushels of oats for defendant, the ensuing year, at ten dollars per bushel, and that the note in suit-should not become due until said oats were sold, and in order to secure the performance of that agreement of Tobin, he gave *59defendant the bond of O. H. Brasington, Superintendent, as set forth in his answer.
The evidence is all set out in the bill of exceptions, wherein it appears that Tobin’s agreement was not in writing, and the. question is…
2Cases cited5 opinions
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Stone v. RockefellerOhio Supreme Court · 1876
- Beers v. BeersMichigan Supreme Court · 1870
- Dent v. SigersonSupreme Court of Missouri · 1860
- Hoag v. OwenNew York Supreme Court · 1871