Legal Opinion
Ameritrust Co. National Ass'n v. Hicks Development Corp.
Ohio Court of Appeals
Decided November 2, 1993No. 93AP-631PublishedCited by 2 opinions
1Opinion of the Court
Tyack, Judge.
On May 21, 1991, Ameritrust Company National Association (“Ameritrust”) filed a lawsuit on a cognovit note against Hicks Development Corporation (“Hicks”). The lawsuit also sought foreclosure on a related mortgage.
Attached to the complaint was a copy of the cognovit note, which was executed by C.W. O’Brien as president of Hicks and Kelly P. O’Brien as secretary of Hicks. The mortgage was also executed by the same two corporate officers.
The following day, the warrant of attorney was Used to cause an answer confessing liability to be filed on behalf of Hicks. A judgment entry…
2Cases cited7 opinions
- Master Consolidated Corp. v. BancOhio National BankOhio Supreme Court · 1991
- Campbell v. Hospitality Motor Inns, Inc.Ohio Supreme Court · 1986
- Arcanum National Bank v. HesslerOhio Supreme Court · 1982
- Thompson Electric, Inc. v. Bank OneOhio Supreme Court · 1988
- Juergens v. Venture Capital Corp.Massachusetts Appeals Court · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Young v. International Brotherhood of Locomotive EngineersOhio Court of Appeals · 1996
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