Legal Opinion

Baily v. Smith

Ohio Supreme Court

Decided December 15, 1863Published

Error to tbe district of court of Lorain county. Tbe case is stated in tbe opinion of tbe court.

1Opinion of the CourtRanney, J.

On tbe 8tb day of October, 1853, tbe plaintiff gave to tbe defendant, Charles H. Bolles, bis negotiable promissory note for tbe sum of $5370, and payable two years after date, witb interest. Prior to tbe 14tb of December, in tbe same year, sundry payments bad been made and indorsed tbereon, leaving then due tbe sum of $2500; and on that day, tbe plaintiff executed and delivered a mortgage upon real estate situated in Lorain county to secure this balance. On tbe 9th of June, 1856, be filed his amended petition against Bolles, tbe original payee of tbe note — Kendall and Lucas, through whose…

2Cases cited11 opinions

  1. Hall v. WilsonNew York Supreme Court · 1853
  2. Croft v. BunsterWisconsin Supreme Court · 1859
  3. Lamourieux v. HewitNew York Supreme Court · 1830
  4. Ramsdell v. MorganNew York Supreme Court · 1837
  5. McLaren v. Watson's ExecutorsNew York Supreme Court · 1841

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