Legal Opinion

Stewart & Johnson v. Herron

Ohio Supreme Court

Decided November 19, 1907No. 10483Published

Error to the Circuit Court of Hamilton County. The defendant in error, John W. Herron, as administrator of the estate of Jacob R. Stewart, deceased, filed his petition in the probate court of Hamilton County, Ohio, asking the direction and instruction of. said court as to the disposition proper to be made by him of three hundred and sixty shares, of the par value of one hundred dollars each, of the capital stock of The Bradford Machine Tool Company, a controversy having…

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Error to the Circuit Court of Hamilton County. The defendant in error, John W. Herron, as administrator of the estate of Jacob R. Stewart, deceased, filed his petition in the probate court of Hamilton County, Ohio, asking the direction and instruction of. said court as to the disposition proper to be made by him of three hundred and sixty shares, of the par value of one hundred dollars each, of the capital stock of The Bradford Machine Tool Company, a controversy having theretofore arisen between plaintiffs in error and certain of the next of kin of Jacob R. Stewart, deceased, as to who was…

1Opinion of the CourtCrew, J.

The rights of the respective claimants to the 360 shares of stock involved in the present controversy must, as is apparent from the above statement of facts, be ascertained and de*143termined from a consideration of whether or not the agreement of September 23, 1899, was, and is, a valid contract of mutual obligation binding upon all the parties thereto. It is claimed by defendant in error that this agreement is void and of no effect because, as they insist, it is wholly uncertain and illusory in its nature, and is without mutuality or consideration. Referring to the writing itself we find in the…

2Cases cited12 opinions

  1. Nunez v. DautelSupreme Court of the United States · 1874
  2. Carter White Lead Co. v. KinlinNebraska Supreme Court · 1896
  3. Minneapolis Mill Co. v. GoodnowSupreme Court of Minnesota · 1889
  4. De Rutte v. MuldrowCalifornia Supreme Court · 1860
  5. Brown v. RounsavellIllinois Supreme Court · 1875

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