Legal Opinion

Cleveland City Railway Co. v. First National Bank of New York

Ohio Supreme Court

Decided June 23, 1903PublishedCited by 7 opinions

Error to the Circuit Court ef Cuyahoga County. .This action -was instituted in the Court of Common Pleas of Cuyahoga County by the First National Bank of New York, defendant in error, against the Cleveland City Railway Co., the ■plaintiff: in error, to recover damages for the alleged wrongful conversion of certain shares of the capital stock of the plaintiff in error, which the bank claimed that if was entitled to recover under the terms of a certain agreement of…

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Error to the Circuit Court ef Cuyahoga County. .This action -was instituted in the Court of Common Pleas of Cuyahoga County by the First National Bank of New York, defendant in error, against the Cleveland City Railway Co., the ■plaintiff: in error, to recover damages for the alleged wrongful conversion of certain shares of the capital stock of the plaintiff in error, which the bank claimed that if was entitled to recover under the terms of a certain agreement of consolidation between the two constituent companies of the plaintiff in error. A judgment was rendered in the court of common pleas…

1Opinion of the Court

This case was orally argued before one division of the court; but it' has been fully considered by the whole court. Only one of the assignments of error wall be noticed in this opinion because, on the conceded facts, we are of the opinion -that the court of common pleas should have directed a verdict -and rendered a judgment in favor of the defendant; and failing to do this it was the duty of the -circuit court to reverse the judgment of the court 'of common pleas, 'and; to- render a judgment for the plaintiff in error. This conclusion results directly from the considerations following.

By…

2Cited by7 opinions

  1. Cheatham v. Wheeling & L. E. Ry. Co.District Court, S.D. New York · 1930
  2. In re S. & S. Mfg. & Sales Co.District Court, N.D. Ohio · 1917
  3. Lee v. Riefler & Sons, Inc.District Court, M.D. Pennsylvania · 1930
  4. Hafer v. CorbinOhio Superior Court, Cincinnati · 1904
  5. Robison v. Cleveland City Ry.Cuyahoga Circuit Court · 1904

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