Legal Opinion
Cleveland Paint & Color Co. v. Bauer Manufacturing Co.
Ohio Supreme Court
Decided March 7, 1951No. 32053PublishedCited by 27 opinions
1Opinion of the CourtHart, J.
The question raised or sought to be raised by the plaintiff’s demurrer to the second defense of the answer and by its motion to strike certain allegations from the first defense of the answer is whether, under these pleadings, the plaintiff, which brings this action pursuant to the terms of an alleged “loan agreement” with its insurer, is the real party in interest within the meaning of Section 11241, General Code.
The demurrer admits the truth of the facts well pleaded in the second defense of the answer. The demurrer necessarily admits for its purpose that “the payment of the judgment…
2Cases cited14 opinions
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- State Farm Mut. Auto Ins. Co. v. HallCourt of Appeals of Kentucky (pre-1976) · 1942
- Blair v. EspelandSupreme Court of Minnesota · 1950
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State ex rel. Dallman v. Court of Common PleasOhio Supreme Court · 1973
- Executive Jet Aviation, Inc. v. United StatesCourt of Appeals for the Sixth Circuit · 1974
- Shealy v. CampbellOhio Supreme Court · 1985
- United Services Automobile Association v. James B. RussomCourt of Appeals for the Fifth Circuit · 1957
- Bolton v. ZieglerDistrict Court, N.D. Iowa · 1953
22 more not listed; retrieve them via the Exa API.