Second National Bank v. Hemingray
Ohio Supreme Court
Error to the Superior Court of Cincinnati. This was an action by the bank against IIemingray, upon his three promissory notes, for $4,000 each. The notes were drawn payable to the order of B. Homans, Jr., in one, two, and three years, respectively, and indorsed to the bank by Homans before due.
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Error to the Superior Court of Cincinnati. This was an action by the bank against IIemingray, upon his three promissory notes, for $4,000 each. The notes were drawn payable to the order of B. Homans, Jr., in one, two, and three years, respectively, and indorsed to the bank by Homans before due. Homans carried on a banking business in Cincinnati, and the notes were indorsed and delivered to the plaintiff in that place, but they were executed and dated in Covington, Kentucky, where the defendant resided. At the date of the notes, a statute of Kentucky was in force which provides as follows :…
1Opinion of the CourtWelch, C. J.
The legal questions made and argued in the case are : 1. Whether the statute of Kentucky has the effect to make these notes subject to set-off in Ohio ; 2. Whether the set-off, if allowable at all, should be allowed except as against the first note, the only one that had matured when defendant received notice of the indorsement; *171and 3. Whether these checks procured by the defendant' operated as an assignment to him of the deposits they were' drawn upon; Counsel have elaborately argued all three of these questions. It is evident, however, that the consideration of the two last named questions…
2Cases cited1 opinion
- Davis v. Morton, Galt & Co.Court of Appeals of Kentucky · 1868