Legal Opinion

Commonwealth Loan Co. v. Firestine

Ohio Supreme Court

Decided June 4, 1947No. 30918PublishedCited by 19 opinions

1Opinion of the CourtZimmerman, J.

Section 11221, General Code, recites :

“An action upon a specialty or an agreement, contract or promise in writing shall be brought within fifteen years after the cause thereof accrued.”

■Based upon such statute, Firestine’s main contention is that, under the wording of the cognovit note in issue, plaintiff’s cause of action against the defendants accrued within a short period subsequent to March 7, 1930, by reason of failure to make payments on the note according to its terms; that by virtue of the warrant of attorney in the note plaintiff could have obtained judgment by confession against the…

2Cases cited1 opinion

  1. Hibernian Banking Ass'n v. Commercial National BankIllinois Supreme Court · 1895

3Cited by19 opinions

  1. Couts v. RoseOhio Supreme Court · 1950
  2. Seeley v. Expert, Inc.Ohio Supreme Court · 1971
  3. Railey v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Georgia · 1973
  4. Wetzel v. WeyantOhio Supreme Court · 1975
  5. Meekison v. GroschnerOhio Supreme Court · 1950

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