Brown v. Winstanley
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Columbiana county. The action below was debt, brought by the defendants in error on a promissory note under seal, made by Brown, the plaintiff in error, the defendant below, to John Nessly or assigns, for f1,168.80, dated November 1st, 1841, and payable on the first of the next April.
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This is a writ of error to the Court of Common Pleas of Columbiana county. The action below was debt, brought by the defendants in error on a promissory note under seal, made by Brown, the plaintiff in error, the defendant below, to John Nessly or assigns, for f1,168.80, dated November 1st, 1841, and payable on the first of the next April. John Nessly, the payee of the note, died on the first of June, 1842, leaving a will, of which W. H. Wallace and Jacob G. Nessly were appointed executors. About the 25th of June 1842, the executors, having made a settlement of the estate, assigned this note…
1Opinion of the CourtCaldwell, J.
This case presents the single question: Are the proceedings in the Yirginia court, and the decree entered therein in favor of the administrator against Brown, a bar to the present suit by Winstanley and wife ?
It is admitted there was no collusion in the Yirginia suit. Indeed, the record of that case shows that the defendant Brown made all the defense the nature of the case would admit. All the transactions, which had occurred in Ohio as to the execution of the will — the settlement of the estate — the assignment of the note; indeed every material fact that the plaintiffs here allege, to…
2Cited by1 opinion
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