Building Ass'n v. Cummings
Ohio Supreme Court
Error to the Circuit Court of Crawford County. On the seventh day of October, 1882, the plaintiff in error, the Citizens’ Building Association of Galion, Ohio, filed its petition in the court of common pleas of Crawford county, against J. G Meuser et al., which petition reads as follows: “ And now comes the said plaintiff and says: That it is incorporated under the laws of the state of Ohio, under said name of the Citizens’ Building Association of Galion, Ohio, and as such…
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Error to the Circuit Court of Crawford County. On the seventh day of October, 1882, the plaintiff in error, the Citizens’ Building Association of Galion, Ohio, filed its petition in the court of common pleas of Crawford county, against J. G Meuser et al., which petition reads as follows: “ And now comes the said plaintiff and says: That it is incorporated under the laws of the state of Ohio, under said name of the Citizens’ Building Association of Galion, Ohio, and as such association, under said name, is doing business at Galion, in the state of Ohio. Said plaintiff, for cause of action…
1Opinion of the CourtDickman, J.
The first question presented for our consideration is, was it material to the validity of the bond, as against the sureties, that they should be named in the body of the instrument. It is clear from the terms of the instrument, that it was the intention to hold and firmly, bind those who might duly execute it. In Partridge v. Jones, 38 Ohio St. *673375, it is held that to charge one as obligor, who has signed a bond or written undertaking, it is not necessary that his name should appear in the body of such instrument, provided the intention that he shall be so charged appears clearly from its…
2Cases cited8 opinions
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
- Mackay v. BloodgoodNew York Supreme Court · 1812
- Scheid v. LeibshultzIndiana Supreme Court · 1875
- Danker v. AtwoodMassachusetts Supreme Judicial Court · 1875
- Ahrend v. OdiorneMassachusetts Supreme Judicial Court · 1878
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