Legal Opinion

Receivers of the Bank of Circleville v. Renick

Ohio Supreme Court

Decided December 15, 1846PublishedCited by 20 opinions

This is a case in Chancery, reserved in the County of Pickaway. The complainants have filed an original, amended and-supplemental bill, in which divers matters of equity are set forth, but are admitted by the complainants’ counsel to be unsustained by the proof, with the exception of the following allegations: That in May, 1841, Seymour G. Renick caused to be delivered $4,000 of the notes of the Circleville bank to Robert Larimore, who is made a defendant, to be exchanged…

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This is a case in Chancery, reserved in the County of Pickaway. The complainants have filed an original, amended and-supplemental bill, in which divers matters of equity are set forth, but are admitted by the complainants’ counsel to be unsustained by the proof, with the exception of the following allegations: That in May, 1841, Seymour G. Renick caused to be delivered $4,000 of the notes of the Circleville bank to Robert Larimore, who is made a defendant, to be exchanged for other funds, and returned to the bank, in order to aid in the extension of its circulation — Renick, at the time of…

1Opinion of the CourtWood, C. J.

The important question which first demands the consideration of the Court, is one exclusively of fact, and that is, whether the $4,000 advanced to Larimore by Seymour G. Renick, in May, 1841, was in behalf of the hank, and for its benefit, or a loan of his own funds, on his own private or individual account. If the money was advanced for the bank, Seymour G. Renick had no right to mould the transaction into one of a private nature of his own; and as the claim was a mere chose in action, not negotiable, the bank, by.its Receivers, may pursue it into the hands of a bona fide assignee without…

2Cited by20 opinions

  1. Whitsett v. WamackSupreme Court of Missouri · 1900
  2. Rodriguez v. La Cueva Ranch Co.New Mexico Supreme Court · 1912
  3. Carl v. DetoffolSupreme Court of Minnesota · 1946
  4. McAusland v. PundtNebraska Supreme Court · 1871
  5. President and Fellows of Harvard College v. JewettCourt of Appeals for the Sixth Circuit · 1925

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