Stanbery v. Smythe
Ohio Supreme Court
Error to district court of Licking county. Smythe, the defendant in error, obtained a judgment in said district court, against Stanbery, the plaintiff in error, in an action of debt, commenced before the code, upon a note under seal, given by Stanbery to A. J. Smith, formerly a private banker, in Newark, Ohio, payable to his order, and by him assigned for value and before maturity, to Smythe.
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Error to district court of Licking county. Smythe, the defendant in error, obtained a judgment in said district court, against Stanbery, the plaintiff in error, in an action of debt, commenced before the code, upon a note under seal, given by Stanbery to A. J. Smith, formerly a private banker, in Newark, Ohio, payable to his order, and by him assigned for value and before maturity, to Smythe. The declaration is in the usual form, and Stanbery pleaded the general issue and attached thereto a notice, under the statute then in force, among other things, of an assignment by one Wright, to him, of…
1Opinion of the Court
By the Court.
The charge first given presupposes that the note was assigned to Smythe, for a valuable consideration, and in due course of business, before it became due, but after the transfer of the deposit account and notice thereof to him. "We think the court did not err in its charge to the jury, that under such circumstances, the defendant could not avail himself of the account as a setoff in that suit, for various reasons. It was a suit at law, and the account, though ordered to be paid to Stanbery, was not a debt due from Smith to him. Until acceptance by Smith, there was no legal…
2Cases cited1 opinion
- Wells v. StewartNew York Supreme Court · 1848
3Cited by4 opinions
- Brown Shoe Co. v. CarnsCourt of Appeals for the Eighth Circuit · 1933
- Kithcart v. KithcartSupreme Court of Iowa · 1910
- Gamble v. CarlisleOhio Circuit Courts · 1896
- P., C., C. & St.L. Ry. Co. v. VolkertOhio Supreme Court · 1898