Prudential Ins. v. Joyce Building Realty Co.

The basis of these controversies is the fact that in each case the plaintiff failed to present its claim to the executors within a pe'riod of four months as provided by Section 10509-112, General Code (114 Ohio Laws, 426), and likewise failed to file a petition for reinstatement of the claim under the provisions of Section 10509-134, General Code (114 Ohio Laws, 431).

The first question presented is whether the requirements of Section 10509-112, General Code, are mandatory or merely directory. The language of this section is as follows:

“Creditors shall present their claims, whether due or not…