Legal Opinion

Meier & Co. v. First National Bank

Ohio Supreme Court

Decided December 8, 1896Published

Error to the Circuit Court of Franklin county. The controversy in the courts below was over a fund arising from sales on executions of the property of George P. Stiles and Abram Stiles, brothers, who were clothing merchants, having a store in the village of Ashley, in Delaware county, where they carried on business as partners under the name of the “Ashley Clothing Company,” and another store in the village of Cardington, in Morrow county, where they carried on a like…

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Error to the Circuit Court of Franklin county. The controversy in the courts below was over a fund arising from sales on executions of the property of George P. Stiles and Abram Stiles, brothers, who were clothing merchants, having a store in the village of Ashley, in Delaware county, where they carried on business as partners under the name of the “Ashley Clothing Company,” and another store in the village of Cardington, in Morrow county, where they carried on a like business under the partnership name of “The Carding-ton Clothing Company. ” Becoming involved and unable to meet their debts,…

1Opinion of the CourtWilliams, C. J.

The plaintiffs in error contend that distribution according to the judgment of the circuit court is erroneous: (1) In directing payment of any part of the fund to the defendants in error, the First National Bank of Carding-ton, and Sperry and Wonnstaff; or if not to that extent, then (2) in awarding them the full amount of their judgments out of the fund in controversy.

1. It is contended that the above named defendants in error, are not entitled to any share of the fund, because the notes upon which their judgments were recovered were executed in the individual names of the makers, George P.…

2Cases cited3 opinions

  1. Berkshire Woolen Company v. . JuillardNew York Court of Appeals · 1879
  2. Mix v. ShattuckSupreme Court of Vermont · 1878
  3. Austin & Taylor v. Williams, Chase, & GardenerOhio Supreme Court · 1825

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