Osborn v. McClelland
Ohio Supreme Court
Error to the District Court of Eranklin county. The action in the common pleas was brought by McClelland against Mrs. Osborn and others to foreclose a mortgage, made by her to her daughter, Jennie L. Eaxon, to secure the following note: “ 5,000. Columbus, O., March 30,1874. “ Three years after date, I promise to pay to the order of Jennie L. Eaxon, the sum of five thousand dollars, with interest from date, payable annually, for value received. “ Secured by mortgage.
Read the full summary
Error to the District Court of Eranklin county. The action in the common pleas was brought by McClelland against Mrs. Osborn and others to foreclose a mortgage, made by her to her daughter, Jennie L. Eaxon, to secure the following note: “ 5,000. Columbus, O., March 30,1874. “ Three years after date, I promise to pay to the order of Jennie L. Eaxon, the sum of five thousand dollars, with interest from date, payable annually, for value received. “ Secured by mortgage. Emelins L. Osborn.” Indorsements. “ May 12. Interest paid on within note for one year, three'hundred dollars ($300). “Interest…
1Opinion of the CourtJohnson, J.
The evidence establishes the following facts :
1. The note and mortgage in controversy were the separate property of Jennie L. Faxon, given to her by her mother, Mrs. Osborn, in payment of a legacy from her father, and was, up to the 20th day of April, 1875, in her sole possession and under her exclusive control.
2. Bartlit & Smith had for many years been engaged in the banking business in the city of Columbus, where the plaintiff, McClelland, as well as Mrs. Osborn and Mrs. Faxon resided; that McClelland since 1861 was a customer and depositor in said bank, and in the habit of transacting…
2Cases cited10 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Hays v. . HathornNew York Court of Appeals · 1878
- City Bank of New Haven v. . PerkinsNew York Court of Appeals · 1864
- Swift v. EllsworthIndiana Supreme Court · 1858
5 more not listed; retrieve them via the Exa API.