Tolman v. Hyndman Steel Roofing Co.

The case was heard at a former term on demurrer to the petition and was decided orally, the demurrer being sustained. Since then many inquiries have been made by members of the Bar here and elsewhere, touching the exact ground on which the ruling of the court was made, there appearing to be much diversity of opinion in that respect. The court, therefore, now states the case and its conclusion in permanent form.

One John Rose was indebted to the plaintiff in the sum of $63, to secure the payment of which he delivered to the plaintiff a paper, which reads;

“Cincinnati, Ohio, April 8, 1.S9S.

“To…