Barbour v. Bank
Ohio Supreme Court
Error, to the Circuit Court of Seneca county. The original action was commenced in May, 1887, in the Court of Common Pleas of Seneca county, bjr The National Exchange Bank, of Tiffin, Ohio, one of the defendants in error, against The Ohio Shoe Company, Elizabeth O. Sneath, administratrix of Alfred G. Sneath, deceased, Rezin W. Sha whan, and Anson C. Barbour, receiver of The Ohio Shoe Company, the plaintiff in error.
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Error, to the Circuit Court of Seneca county. The original action was commenced in May, 1887, in the Court of Common Pleas of Seneca county, bjr The National Exchange Bank, of Tiffin, Ohio, one of the defendants in error, against The Ohio Shoe Company, Elizabeth O. Sneath, administratrix of Alfred G. Sneath, deceased, Rezin W. Sha whan, and Anson C. Barbour, receiver of The Ohio Shoe Company, the plaintiff in error. The record discloses the following state of facts: “On the 8th day of June, 1878, The Ohio Shoe Company, a manufacturing corporation organized under the laws of Ohio, having…
1Opinion of the CourtDickman, J.
The principal question that arises in determining the rights of the parties in the case at bar is, whether The National Exchange Bank is entitled to have the judgments it recovered against The Ohio Shoe Company set off against the judgment recovered against it by Barbour, as receiver of the shoe company.
At the time of the appointment of the receiver, on June 8th, 1878, the notes upon which the bank afterwards recovered judgments had not matured, and hence no cause of action thereon had then accrued.
The shoe company had not availed itself of the right under section 5198 of the Revised Statutes…
2Cases cited11 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Gay v. GayNew York Court of Chancery · 1843
- Miller v. Receiver of the Franklin BankNew York Court of Chancery · 1829
- Field v. OliverSupreme Court of Missouri · 1869
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