Legal Opinion

Jackson v. Nelsonville Foundry & Machine Co.

Ohio Court of Appeals

Decided June 7, 1916Published

Appeal: Court of Appeals for Athens county. March 23,1914, plaintiff, Harry H. Jackson, filed a petition in the court of common pleas of Athens county, in which he stated that the defendant was a corporation and indebted to him in the sum of $7,950, evidenced by three promissory notes due and unpaid; that it was engaged in manufacturing, was indebted to various persons in a sum exceeding $40,000, was insolvent and wholly unable to pay its debts; and that it was not able to…

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Appeal: Court of Appeals for Athens county. March 23,1914, plaintiff, Harry H. Jackson, filed a petition in the court of common pleas of Athens county, in which he stated that the defendant was a corporation and indebted to him in the sum of $7,950, evidenced by three promissory notes due and unpaid; that it was engaged in manufacturing, was indebted to various persons in a sum exceeding $40,000, was insolvent and wholly unable to pay its debts; and that it was not able to carry on its business. The petition prayed, among other things, for the appointment of a receiver. Subsequently W. S.…

1Opinion of the CourtSayre, J.

The judgment record in the Madison county case introduced in evidence here shows that the plaintiff was described in that case as a corporation. The introduction of the judgment record is objected to because it does not show that the plaintiff therein is identical with Merchants and Miners Bank, a partnership.

*181Oral evidence, introduced on the trial, shows that Merchants and Miners Bank, a partnership, employed a lawyer to take judgment for it in Madison county on cognovit notes against The Nelson-ville Foundry & Machine Company, and that he, by mistake described the plaintiff in that case as a…

2Cases cited8 opinions

  1. Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
  2. Mobile & Montgomery Railway Co. v. YeatesSupreme Court of Alabama · 1880
  3. Dickinson v. Zubiate Mining Co.California Court of Appeal · 1909
  4. Morris v. State ex rel. BrownIndiana Supreme Court · 1885
  5. United States National Bank v. VennerMassachusetts Supreme Judicial Court · 1899

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