Abernethy v. Wayne County Branch of the State Bank
Ohio Supreme Court
In error to the District Court of Knox county. The original action was brought by the defendant in error on a bill of exchange for one thousand dollars, dated May 9th, 1850, due in sixty days, and payable at the Bank of North America, Philadelphia. The defense set up was, that the bill was void, under the provisions of the 61st section of the charter of the bank.
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In error to the District Court of Knox county. The original action was brought by the defendant in error on a bill of exchange for one thousand dollars, dated May 9th, 1850, due in sixty days, and payable at the Bank of North America, Philadelphia. The defense set up was, that the bill was void, under the provisions of the 61st section of the charter of the bank. That section is in these words: “ Every banking company deriving any of its powers and privileges from this act may take, reserve, receive and charge, on any loan or discount made, or upon any note or bill of exchange, or other…
1Opinion of the CourtJ. R. Swan, J.
The verdict in this case depended upon the opinion of the jury as to the designs and motives of the officers of the bank, in the various transactions detailed.
A difference of opinion between the jury and this court, upon a question of motives based on circumstantial evidence, and where the verdict involves a forfeiture of a debt, is not sufficient ground for the court to set aside the verdict. We should have been better satisfied with the verdict had it been for the defendants below ; for we incline to the opinion that the bills of exchange executed alternately, every one hundred and twenty…
2Cited by4 opinions
- Verbon v. PenneseOhio Court of Appeals · 1982
- Ming v. TruettMontana Supreme Court · 1871
- Poske v. MerglOhio Supreme Court · 1959
- Rohde v. FarmerOhio Supreme Court · 1970