Legal Opinion
Commercial Credit Co. v. Standard Baking Co.
Ohio Court of Appeals
Decided February 8, 1933PublishedCited by 3 opinions
1Opinion of the Court
OPINION
By SHERICK, J.
The demurrer admits these facts to be true. The questions therefore presented are: First, does-the petition state a cause of action; second, has the mortgagee legal capacity to sue a third party for damages to a mortgaged chattel, occasioned by the sole negligence of the third party, when the condition of the mortgage has been broken and the chattel remains in the possession of the mortgagor?
The mortgagee places reliance on the following authorities: Allison v McCune, 15 Ohio, 726, 45 Am. Dec., 605; Carpenter v Cincinnati & Whitewater Canal Co., 35 Oh St, 307, and Yahraus…
2Cases cited7 opinions
- Commercial Credit Corp. v. SatterthwaiteSupreme Court of New Jersey · 1930
- O'Brien v. MillerU.S. Circuit Court for the District of Connecticut · 1902
- Berlein v. EddySupreme Court of Florida · 1925
- Cresbard Grain Co. v. FarnhamSouth Dakota Supreme Court · 1932
- Victor Tea Co. v. WalshOhio Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Loucks v. Albuquerque National BankNew Mexico Supreme Court · 1966
- Ohio Valley Bank v. CopleyOhio Court of Appeals · 1997
- Associates Discount Corp. v. ReevesMassachusetts District Court, Appellate Division · 1941