Legal Opinion

Summers v. Connolly

Ohio Supreme Court

Decided May 13, 1953No. 33143Published

1Opinion of the CourtMiddleton, J.

The appellant makes three claims of error: The first is that the Court of Appeals was Avithout authority to render final judgment against the plaintiffs below — particularly against Bridget McGovern. The second and third are basically the same. They challenge the decision of the Court of Appeals that the outlawed note can be set off against the distributive share of the heir, Bridget McGovern. That is the real question at issue. The McGovern note was executed on June 6, 1930. The payee, Patrick Connolly, died August 22, 1948. It is conceded that the 15-year statute of limitations had run…

2Cases cited12 opinions

  1. Allen v. EdwardsMassachusetts Supreme Judicial Court · 1883
  2. In Re Estate of ButlerOhio Supreme Court · 1940
  3. Taylor v. ThornOhio Supreme Court · 1876
  4. Kimball v. ScribnerAppellate Division of the Supreme Court of the State of New York · 1916
  5. Holt v. LibbySupreme Judicial Court of Maine · 1888

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