Leonard v. Sweetzer
Ohio Supreme Court
This is an action of assumpsit, reserved in Delaware county. The action was brought upon the following instrument: “ For value received, I, Welcome Martin, agree and bind myself to pay the half of a certain in Knox county, in favor of the Clinton Bank of Columbus, against Joseph Leonard, William Leonard, George Leonard, and Robert T. Hickman, of about $860, more or less, and save said Joseph harmless from all costs. (Signed,) “ Welcome Martin.
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This is an action of assumpsit, reserved in Delaware county. The action was brought upon the following instrument: “ For value received, I, Welcome Martin, agree and bind myself to pay the half of a certain in Knox county, in favor of the Clinton Bank of Columbus, against Joseph Leonard, William Leonard, George Leonard, and Robert T. Hickman, of about $860, more or less, and save said Joseph harmless from all costs. (Signed,) “ Welcome Martin. “December 13, 1837.” *“ I guaranty the fulfillment of the above contract. (Signed,) “ Charles Sweetzer. “December 13, 1837.” The declaration contains…
1Opinion of the CourtAvert, J.
In the first five counts of the declaration, it is the aim of the pleader so to shape his case that he may present a legal right to recover against the defendant, without proving the strict *4notice and demand required against the indorser of negotiable paper. Numerous authorities have been cited by the counsel, to boar upon the case, in this aspect of it, and to show the duties and liabilities arising under a guaranty. But, by the interpretation which the court have put upon this instrument, the questions thus agitated by the counsel, do not call for a decision. We regard the defendant,…
2Cited by18 opinions
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- D. W. Horsley, Jr. v. R. W. Alvis, Warden, Ohio State PenitentiaryCourt of Appeals for the Sixth Circuit · 1960
- Ort v. HutchinsonOhio Court of Appeals · 1961
- Aetna Life Insurance v. PennOhio Superior Court, Cincinnati · 1906
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