Hyers v. Western & Southern Life Ins

There are two basic propositions upon which the petition must be tested:

1. Is the action equitable in character, or is it a simple action at law in quantum meruit?

2. Are the proceeds now held by the Insurance Company, or so much of them as may be decreed by the court to be due plaintiffs, subject to a lien of plaintiffs?

In 'our judgment, both questions are answered in cases which this court is bound to accept as controlling. These decisions are Walcutt vs. Huling, etc., et al., 5 Ohio Appellate Reports, decided by this court in the Franklin County Court of Appeals, and Roberts, et al.,…