Legal Opinion

Mergenthal v. Star Banc Corp.

Ohio Court of Appeals

Decided July 28, 1997No. CA96-10-107PublishedCited by 165 opinions

1Opinion of the Court

Powell, Judge.

Plaintiffs-appellants, David and Marie Mergenthal, appeal a decision of the Warren County Court of Common Pleas granting summary judgment to defendant-appellee, Star Banc Corporation. We affirm.

Appellants borrowed $315,000 from appellee and executed an open-end mortgage on their property on February 4, 1989. The property is a truck stop in Franklin, Ohio, that consists of a cement block building, a metal deck building, and a metal canopy. The mortgage states: “Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,…

2Cases cited9 opinions

  1. Welco Industries, Inc. v. Applied CompaniesOhio Supreme Court · 1993
  2. Carpenter v. Providence Washington InsuranceSupreme Court of the United States · 1842
  3. Grant Thornton v. Windsor House, Inc.Ohio Supreme Court · 1991
  4. Wheeler v. Insurance Co.Supreme Court of the United States · 1880
  5. Jones v. Shelly Co.Ohio Court of Appeals · 1995

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3Cited by165 opinions

  1. Abrams v. WorthingtonOhio Court of Appeals · 2006
  2. Capella III, L.L.C. v. WilcoxOhio Court of Appeals · 2010
  3. Samadder v. DMF of Ohio, Inc.Ohio Court of Appeals · 2003
  4. Ford Motor Credit Co. v. RyanOhio Court of Appeals · 2010
  5. Gentile v. RistasOhio Court of Appeals · 2005

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