Poe v. Dixon
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga county. This action was brought in’the court of common pleas of Cuyahoga county by the plaintiff in error, Adam W. Poe, against the defendant in error, Flora A. Dixon, to recover against her on account of certain sums of money he had been compelled to pay as her surety. He recovered in the court of common pleas the amount claimed, which judgment the circuit court on error reversed.
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Error to the Circuit Court of Cuyahoga county. This action was brought in’the court of common pleas of Cuyahoga county by the plaintiff in error, Adam W. Poe, against the defendant in error, Flora A. Dixon, to recover against her on account of certain sums of money he had been compelled to pay as her surety. He recovered in the court of common pleas the amount claimed, which judgment the circuit court on error reversed. Thereupon the plaintiff in error instituted proceedings in this court to reverse the judgment of the circuit court and to affirm that of the court of common pleas. The facts…
1Opinion of the CourtBradbury, C. J.
It appears by the record that for a valuable consideration plaintiff in error conveyed to the defendant in error certain real estate situate in the city of Cleveland, Ohio; that three mortgages were held against the land thus conveyed, for the payment of which the plaintiff in error, Poe, was personally bound by his having assumed their payment as part of the consideration for a former conveyance to him of the same premises; and that when he sold the premises to the defendant in error she assumed the payment of these identical mortgage debts as part of the consideration for the conveyance to…
2Cases cited9 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Shepherd v. MaySupreme Court of the United States · 1885
- Choteau v. JonesIllinois Supreme Court · 1849
- Paine v. . JonesNew York Court of Appeals · 1879
- Comstock v. . DrohanNew York Court of Appeals · 1877
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