Legal Opinion

Portage County Branch Bank v. Lane

Ohio Supreme Court

Decided December 15, 1858Published

This is a petition in error to reverse a judgment of the District Court of Portage county. Suit was originally instituted in the Portage common pleas, by the plaintiff in error, against the defendant in error, L. A. Seymour, H. E. Judd and W. D. Mann, jr., on the following note: $3,005 [No. 453.] $2,000 Ravenna, Ohio, July 25th, 1851. Ninety days after date, we jointly and severally promise to pay the Portage County Branch, in Ravenna, or order, at the American Exchange…

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This is a petition in error to reverse a judgment of the District Court of Portage county. Suit was originally instituted in the Portage common pleas, by the plaintiff in error, against the defendant in error, L. A. Seymour, H. E. Judd and W. D. Mann, jr., on the following note: $3,005 [No. 453.] $2,000 Ravenna, Ohio, July 25th, 1851. Ninety days after date, we jointly and severally promise to pay the Portage County Branch, in Ravenna, or order, at the American Exchange Bank, New York city, three thousand dollars, for value received. $31,00 Oct. 26. (Signed) L. A. SEYMOUR, H. E. JUDD, WM. D.…

1Opinion of the CourtPeck, J.

The regularity of the judgment below, in favor of the defendant, Gustavus Lane, and the propriety of its reversal, depend mainly upon the legal effect of the negotiation by which the plaintiff in error acquired the property *409in, and control over, the note upon which the suit is brought; for, if upon the whole record, it is manifest that the plaintiff is not entitled to a recovery against Lane, under the present form of pleading, or any amendment thereof consistent with the facts proved or admitted, the plaintiff' will not be entitled to a new trial, even though some of the positions assumed by…

2Cases cited1 opinion

  1. Douglass v. WilkinsonNew York Supreme Court · 1837

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