Legal Opinion

Hoffmaster v. Black

Ohio Supreme Court

Decided March 3, 1908No. 10138Published

Error to the Circuit Court of Mahoning county. On February 19, 1897, the defendants in error made and delivered to one Frank P. Hood, or order, their promissory note for $850, payable in two years after date, with eight per cent, interest. Included in the note was the following: "Principal and interest payable at the office of F. P. Flood, No. 5 East Federal street.”

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Error to the Circuit Court of Mahoning county. On February 19, 1897, the defendants in error made and delivered to one Frank P. Hood, or order, their promissory note for $850, payable in two years after date, with eight per cent, interest. Included in the note was the following: "Principal and interest payable at the office of F. P. Flood, No. 5 East Federal street.” Within two weeks after the execution and delivery of the note to Hood, he transferred the note and a mortgage which had been given to secure the same, to the plaintiff in error for value and in due course of búsiness. The note…

1Opinion of the CourtDavis, J.

The circuit court reversed the judgment of the court of common pleas upon the ground, as stated in the journal entry, that the words, “Principal and interest payable at the office of F. P. Hood, No. 5 East Federal street,” contained in the note, “made said F. P. Flood agent of the plaintiff below to collect the money named and made payable upon said note, notwithstanding said Frank P. Hood did not have possession of said note and mortgage.” This has very much the appearance of an invitation to reverse, inasmuch as the controlling questions now presented have been decided and reported .at…

2Cases cited8 opinions

  1. Smith v. . KiddNew York Court of Appeals · 1877
  2. Baldwin v. . BurrowsNew York Court of Appeals · 1872
  3. Doubleday v. . KressNew York Court of Appeals · 1872
  4. Richards v. WallerNebraska Supreme Court · 1896
  5. Kohl v. BeachWisconsin Supreme Court · 1900

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