Legal Opinion

All American Finance Co. v. Pugh Shows, Inc.

Ohio Supreme Court

Decided May 20, 1987No. 86-1410PublishedCited by 11 opinions

1Opinion of the CourtHerbert R. Brown, J.

The issue for determination is whether All American is a holder in due course thereby taking the promissory note free of appellees’ claims. We hold that it does not have such status and, accordingly, affirm the decision of the court of appeals.

R.C. Chapter 1303 confers certain rights and protections upon a holder in due course consistent with its goal to promote the unrestrained transferability of negotiable instruments. Specifically, a holder in due course takes an instrument free from all claims and defenses with certain limited exceptions. See R.C. 1303.34 (UCC 3-305).1 If All American is…

2Cases cited11 opinions

  1. Arcanum National Bank v. HesslerOhio Supreme Court · 1982
  2. Estrada v. River Oaks Bank & Trust Co.Court of Appeals of Texas · 1977
  3. Edgar v. HainesOhio Supreme Court · 1923
  4. Security Pacific National Bank v. ChessCalifornia Court of Appeal · 1976
  5. Tallahassee Bank & Trust Co. v. RainesCourt of Appeals of Georgia · 1972

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Adams v. Madison Realty & Development, Inc.Court of Appeals for the Third Circuit · 1988
  2. Deutsche Bank National Trust Co. v. PevarskiOhio Court of Appeals · 2010
  3. Kroh Operating Ltd. Partnership v. Barnett Bank of Southwest Florida (In Re Kroh Bros. Development Co.)United States Bankruptcy Court, W.D. Missouri · 1989
  4. Victor v. Vitols v. The Citizens Banking Company, Tucker Anthony IncorporatedCourt of Appeals for the Sixth Circuit · 1993
  5. Society National Bank v. Security Federal Savings & LoanOhio Supreme Court · 1994

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