Legal Opinion

General Excavator Co. v. Judkins

Ohio Supreme Court

Decided April 4, 1934No. 24514PublishedCited by 8 opinions

1Opinion of the CourtZimmerman, J.

By the process of elimination this controversy has narrowed down to one between the Van Wert National Bank and the General Excavator Company, each claiming a prior right to the fund described. The bank claims preference through the purported assignment of April 3, 1930, while the excavator company asserts priority through its purported assignment dated December 9, 1930, which was accepted by the auditor of Van Wert county, acting as fiscal agent for the joint board of county commissioners.

The validity and sufficiency of the assignment to the bank is challenged on two principal grounds: First,…

2Cases cited7 opinions

  1. Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
  2. Seymour v. Finance & Guaranty Co.Court of Appeals of Maryland · 1928
  3. First N. Bk. of Bangor v. Bangor Tr. Co.Supreme Court of Pennsylvania · 1929
  4. Fairbanks v. Crump Irrigation & Supply Co.California Court of Appeal · 1930
  5. Public Finance Co. v. RoweOhio Supreme Court · 1931

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Aetna Casualty & Surety Co. v. HensgenOhio Supreme Court · 1970
  2. Grogan Chrysler-Plymouth, Inc. v. GottfriedOhio Court of Appeals · 1978
  3. MacQueen v. Dollar Savings Bank Co.Ohio Supreme Court · 1938
  4. First National Bank of Minot v. MacDonald Construction Co.North Dakota Supreme Court · 1965
  5. Albright v. Varicon, L.L.C.Ohio Court of Appeals · 2014

3 more not listed; retrieve them via the Exa API.

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