Legal Opinion
City of Toledo v. Brown
Ohio Supreme Court
Decided March 18, 1936No. 25398PublishedCited by 14 opinions
1Opinion of the CourtJones, J.
This cause presents two legal phases for consideration: (1) Whether Brown’s petition states a good cause of action; and (2) if so, whether the defenses of the city and railroad company, pleaded in avoidance, constitute a legal bar to the action of plaintiff. The controlling facts are found in the statement of the case and will be alluded to in the course of this opinion.
It is contended by the defendants that the petition was insufficient in law because Brown, the mortgagee, did not allege that the mortgagor was insolvent. The decided weight of authority in this country in cases where the…
2Cases cited15 opinions
- Delano v. SmithMassachusetts Supreme Judicial Court · 1910
- Scaling v. First National BankCourt of Appeals of Texas · 1905
- Betts v. WiseOhio Supreme Court · 1842
- Severin v. ColeSupreme Court of Iowa · 1874
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mahoning National Bank v. City of YoungstownOhio Supreme Court · 1944
- Rfc Capital Corp. v. Earthlink, Inc., Unpublished Decision (12-23-2004)Ohio Court of Appeals · 2004
- Genesco Inc. v. Monumental Life Insurance Co.District Court, D. South Carolina · 1983
- Ohio Valley Bank v. CopleyOhio Court of Appeals · 1997
- Terry v. CB Contracting CompanyMissouri Court of Appeals · 1965
9 more not listed; retrieve them via the Exa API.