Shanklin v. Board of Commissioners
Ohio Supreme Court
Motion for leave to file a petition in error, to reverse a judgment of the district court of Madison county. The material facts disclosed by the record in this case are, in substance, as follows ; On the 24th of September, 1868, Horace Putnam, as principal, with others, his sureties, made and delivered to the plaintiffs in error, an unincorporated banking company, their negotiable promissory note for $5,000, payable at one year.
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Motion for leave to file a petition in error, to reverse a judgment of the district court of Madison county. The material facts disclosed by the record in this case are, in substance, as follows ; On the 24th of September, 1868, Horace Putnam, as principal, with others, his sureties, made and delivered to the plaintiffs in error, an unincorporated banking company, their negotiable promissory note for $5,000, payable at one year. In consideration therefor the banking company, on the same day, made and delivered to Putnam their certificate of deposit for $5,000, “payable to the order of himself…
1Opinion of the CourtWest, J.
This motion is founded on exceptions to the ruling of the court below. It assumes that the alleged transfer of the certificate in controversy vested no right to recover thereon against the defenses set up, because :
1. It was unsupported by a consideration of value.
2. It was without indorsement in the lifetime of the assignor; and the subsequent indorsemont by his administrators was fraudulent and void as against creditors of his estate.
3. The deposit of the certificate in the treasury of the county was not authorized by the warrant of the county auditor.
4. The commissioners exceeded their…
2Cases cited5 opinions
- Runyan v. MersereauNew York Supreme Court · 1814
- Rollison v. HopeTexas Supreme Court · 1857
- Wheeler v. RussellMassachusetts Supreme Judicial Court · 1821
- Stearns v. CoxOhio Supreme Court · 1848
- Vankirk v. ClarkSupreme Court of Pennsylvania · 1827