Legal Opinion · Dissent

Daugherty v. Central Trust Co.

Ohio Supreme Court

Decided December 30, 1986No. 86-180Published

1DissentHolmes, J.

I concur with the majority’s holding that personal earnings, exempt from creditors’ reach pursuant to R.C. 2329.66(A), retain their exempt status when deposited in a personal checking account, and its analysis of that issue. I also agree with the majority’s resolution of the waiver issue in light of the facts that appellee not only notified the bank of her objections within forty-eight hours of the bank’s debiting of her account, but also filed the complaint within a year of such action.6 However, I must dissent from the majority’s analysis and conclusion on the issue of whether appel-lee’s…

2Cases cited18 opinions

  1. Edwards v. KearzeySupreme Court of the United States · 1878
  2. Kruger v. Wells Fargo BankCalifornia Supreme Court · 1974
  3. George P. Baker, Trustees of the Property of Penn Central Transportation Company v. National City Bank of ClevelandCourt of Appeals for the Sixth Circuit · 1975
  4. Dennis v. SmithOhio Supreme Court · 1932
  5. Witham v. South Side Building & Loan Ass'nOhio Supreme Court · 1938

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