Banta v. Martin
Ohio Supreme Court
Error to tbe District Court of Huron county. Clary & Co., a firm consisting of Gr. W. Clary and Seymour B. Martin, in 1871, executed and delivered three promissory notes to Isaac Banta, payable to him or order, each due one year after date, the whole amounting to $2,200. Several payments were made on the notes in 1871, 1872 and 1873, leaving a balance of $1,478 and interest. In 1874, Clary & Co. became bankrupts, and subsequently both members of the firm died insolvent.
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Error to tbe District Court of Huron county. Clary & Co., a firm consisting of Gr. W. Clary and Seymour B. Martin, in 1871, executed and delivered three promissory notes to Isaac Banta, payable to him or order, each due one year after date, the whole amounting to $2,200. Several payments were made on the notes in 1871, 1872 and 1873, leaving a balance of $1,478 and interest. In 1874, Clary & Co. became bankrupts, and subsequently both members of the firm died insolvent. On April 7, 1873, Robert Gr. Martin wrote his name in blank on the back of each of the notes, and in 1875, Banta brought…
1Opinion of the Court
Okey, O. J.
Two questions are involved in the determination of this case : first, as to the form of exception to the charge, and secondly, whether the charge, in the particular set forth, was warranted.
1. In Adams v. State, 25 Ohio St. 584, it was held that a *536reviewing court is not bound to notice an exception to any particular part or- parts of a general charge, unless the attention of the court delivering the charge was, at the time, directed specifically to the part or parts claimed to be erroneous, and this fact appear by bill of exception. That case has been repeatedly approved (Taylor v.…
2Cases cited7 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Magee v. . BadgerNew York Court of Appeals · 1866
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Marietta & Cincinnati R. R. v. Strader & Co.Ohio Supreme Court · 1876
- Pratt v. HeddenMassachusetts Supreme Judicial Court · 1876
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