Union Bank v. Bell
Ohio Supreme Court
Civil action. Reserved in the district court of Stark county. The action in the court of common pleas of Stark county was brought by the Union Bank against Philip V. Bell and others, on certain drafts drawn by Bell, and on a mortgage of real estate, in Stark county, given by him to. secure the drafts.
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Civil action. Reserved in the district court of Stark county. The action in the court of common pleas of Stark county was brought by the Union Bank against Philip V. Bell and others, on certain drafts drawn by Bell, and on a mortgage of real estate, in Stark county, given by him to. secure the drafts. The drafts were all drawn by Bell at Massillon, Ohio, on West & Burget of Navarre, Ohio, in favor of the cashier of the Union Bank, and payable in the city of New York, to-wit: 1. One draft dated September 12, 1854, at 60 days, foi $2000, due November 14, 1854. 2. One draft dated September 16,…
1Opinion of the CourtBrinkerhqee, J.
The questions which the ease now presents, arise upon the sufficiency of the answer — the averments' of which, so far as the same are well pleaded, the demurrer admits to be true. Seven causes of demurrer are assigned. The first four of them consist solely of an alleged want of definiteness and certainty, in the averments of matters of fact contained in the answer. Now, if the allegations of the answer were “ so indefinite and uncertain that the precise nature of the defense” was “not apparent,” the remedy is by motion to the court to “ require the pleading to be made definite and certain by…
2Cases cited3 opinions
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- State ex rel. Treasurer of State v. BowmanOhio Supreme Court · 1841
- President of the Bank of Chillicothe v. SwayneOhio Supreme Court · 1838