Meriden Silver Plate Co. v. Flory
Ohio Supreme Court
Error to the District Court of Licking county. June 1, 1878, C. M. Rider, principal, and Plory & Havens, sureties, all residing and being in Licking county, Ohio,' drew their joint note of that date for $326.58 to the order of Meriden Silver Plate Company, a corporation of the state of Connecticut, and doing business therein, due four months after date, and delivered it to the payee.
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Error to the District Court of Licking county. June 1, 1878, C. M. Rider, principal, and Plory & Havens, sureties, all residing and being in Licking county, Ohio,' drew their joint note of that date for $326.58 to the order of Meriden Silver Plate Company, a corporation of the state of Connecticut, and doing business therein, due four months after date, and delivered it to the payee. October 14, 1878, the note being unpaid, Plory & Havens received, at Newark, Ohio, a letter of the following tenor: “ West Meriden, Conn., Oct. 12, 1878. “Messrs. Flory ‡ Havens, Newark, Ohio. “ Gentlemen : — No…
1Opinion of the Court
Owen, O. J.
Three alleged errors are assigned as grounds of reversal of the judgments below.
1. That the facts found by the court did not warrant the conclusion that the letter of Elory & Havens to the plaintiff, dated October 14, 1878, notifying it to commence an action on the note, etc., was received by-the plaintiff October 17, 1878, or at all.
2. That the court erred in finding that such letter was sufficient notice under the statute authorizing notice by surety to the holder of a note to commence action, etc.
3. That, even if the notice was sufficient, the court erred in finding that the…
2Cases cited3 opinions
- Baker v. KelloggOhio Supreme Court · 1876
- Routon's Administrators v. LacySupreme Court of Missouri · 1853
- Overturf v. MartinIndiana Supreme Court · 1851