Emerson v. Seville Elevator Co.

Appellants, William Emerson, Edward Kraus and George R. Smith, appeal the order of the trial court denying their eligibility to participate in the Agricultural Commodity Depositors Fund (“fund”). Appellee Ohio Department of Agriculture (“ODA”) is responsible for administering the fund.

On May 9,1985, Old Phoenix Bank filed a complaint for foreclosure against Seville Elevator Company (“Seville”). The trial court determined that Seville was insolvent and appointed a receiver. Seville was an agricultural commodity handler licensed pursuant to R.C. Chapter 926. Appellants had made deposits of…