Dick v. Hyer
Ohio Supreme Court
Error to the Court of Appeals of Pickaway county. On the 24th day of May, 1911, Milton T. Dick, then in full life but now deceased, filed a petition in the common pleas court of Pickaway county against Thomas Dick and Maud B. Dick to recover-the amount due on a promissory note signed by defendants and dated the 4th day of January, A. D. 1908. To this note was attached a warrant of attorney to confess judgment, and judgment was rendered by confession against both of the…
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Error to the Court of Appeals of Pickaway county. On the 24th day of May, 1911, Milton T. Dick, then in full life but now deceased, filed a petition in the common pleas court of Pickaway county against Thomas Dick and Maud B. Dick to recover-the amount due on a promissory note signed by defendants and dated the 4th day of January, A. D. 1908. To this note was attached a warrant of attorney to confess judgment, and judgment was rendered by confession against both of the defendants for the amount due on the note including interest. At the same term of the common pleas court this judgment was…
1Opinion of the Court
.Donahue, J.
The first question presented by this record is whether the plaintiff may unite in his petition a cause of action upon a promissory note and a cause of action upon the antecedent debt which was the consideration for the note pleaded in the.first cause of action.
It is undoubtedly the law of this state that where the plaintiff has but one cause of action the facts cannot be subdivided so as to present fictitiously two or more causes of action. Sturges et al. v. Burton et al., 8 Ohio St., 215, and Ferguson v. Gilbert & Rush et al., 16 Ohio St., 88.
Notwithstanding but one recovery is…
2Cases cited2 opinions
- Citizens' Bank v. ClossonOhio Supreme Court · 1875
- Haywood v. FosterOhio Supreme Court · 1847
3Cited by13 opinions
- Brown v. StateCourt of Appeals of Maryland · 2000
- Cleveland Engineering Co. v. Galion Dynamic Motor Truck Co.District Court, N.D. Ohio · 1917
- Bedell v. Baltimore & O. R.District Court, N.D. Ohio · 1917
- Diehl v. Wilmot Castle Co.Ohio Supreme Court · 1971
- Harvest Land Co-Op, Inc. v. HoraOhio Court of Appeals · 2012
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