Fanning v. Insurance
Ohio Supreme Court
Error. Reserved in the District Court of Cuyahoga County. The Hibernia Insurance Company, for a cause of action in the court below, in which it was plaintiff and said Mary Fanning was defendant, alleged that. it was a corporation under the laws of Ohio; that on November 1, 1870, the defendant executed and delivered her promissory note for $3,000, payable to plaintiff on demand, with interest at six per cent, together with a mortgage on certain real estate, to secure the…
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Error. Reserved in the District Court of Cuyahoga County. The Hibernia Insurance Company, for a cause of action in the court below, in which it was plaintiff and said Mary Fanning was defendant, alleged that. it was a corporation under the laws of Ohio; that on November 1, 1870, the defendant executed and delivered her promissory note for $3,000, payable to plaintiff on demand, with interest at six per cent, together with a mortgage on certain real estate, to secure the same, and that said note is due and the condition of said mortgage is broken ; wherefore judgment is asked for the amount…
1Opinion of the CourtJohnson, J.
1st. It was clearly erroneous to allow the paper purporting to be the proxy of Mrs. Fanning to vote her stock, to be read in evidence over her objection without first proving its execution. If its execution had been proven to the satisfaction of the court, it might have been competent, as tending to show that she was estopped from taking advantage of any *342irregularity in the organization or informality in her obligation to take stock, but until such preliminary proof was made it was error to allow it to go to the jury.
2d, Did the court err in its charge that a verbal agreement to take stock…
2Cases cited6 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Spear v. CrawfordNew York Supreme Court · 1835
- Trustees of Phillips Limerick Academy v. DavisMassachusetts Supreme Judicial Court · 1814
- Lake Ontario, Auburn & New-York Railroad v. MasonNew York Court of Appeals · 1857
- Selma & Tennessee Rail Road v. TiptonSupreme Court of Alabama · 1843
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