Legal Opinion

Second National Bank of Warren v. Boyle

Ohio Supreme Court

Decided May 31, 1951No. 32512PublishedCited by 18 opinions

1Opinion of the CourtTaft, J.

The question to be determined is whether the indebtedness, originally evidenced by the 1948 note of the mortgagor to the bank, is secured by the 1946 mortgage of the mortgagor to the bank.

It is argued that, because the 1946 mortgage did not obligate the bank to make the 1948 loan to the mortgagor, the 1946 mortgage could not secure the indebtedness evidenced by the 1948 note. Kuhn v. Southern Ohio Loan & Trust Co., 101 Ohio St., 34, 126 N. E., 820, *485is cited as supporting that conclusion. That case does hold that a mortgage duly recorded “given for definite future advances which the mortgagee…

2Cases cited8 opinions

  1. Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
  2. Ackerman v. . HunsickerNew York Court of Appeals · 1881
  3. Lovelace v. WebbSupreme Court of Alabama · 1878
  4. Bretz v. Union Central Life Ins.Ohio Supreme Court · 1938
  5. Dayton, Watervleit Valley & Xenia Turnpike Co. v. CoyOhio Supreme Court · 1861

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

3Cited by18 opinions

  1. Wayne Building & Loan Co. v. YarboroughOhio Supreme Court · 1967
  2. Freese Leasing, Inc. v. Union Trust & Savings Bank, StanwoodSupreme Court of Iowa · 1977
  3. Union Bank v. WendlandCalifornia Court of Appeal · 1976
  4. First Security Bank of Utah v. ShiewUtah Supreme Court · 1980
  5. Wong v. Beneficial Savings & Loan Ass'nCalifornia Court of Appeal · 1976

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

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