McCortle v. Bates
Ohio Supreme Court
Motion for leave to file a petition in error to the District ■■Court of Noble county. The original action was brought by the plaintifis against Bethel Bates, Andrew J. Moore, Josephus Groves, E. H. ■Craft, and I. Q. Morris, in the Court of Common Pleas of Noble county.
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Motion for leave to file a petition in error to the District ■■Court of Noble county. The original action was brought by the plaintifis against Bethel Bates, Andrew J. Moore, Josephus Groves, E. H. ■Craft, and I. Q. Morris, in the Court of Common Pleas of Noble county. The following are the facts, so far as they are material to be noticed: On the 13th day of October, 1870, the defendants were members of the board of educatipn of Seneca township, in said county, and on that day they entered into an agreement in writing with one J. S. Wachob, of which the following is a copy: “Mr. J. S. Wachob…
1Opinion of the CourtBoynton, J.
The contract sued upon having none of the attributes or immunities of commercial paper, the plaintiff, by the assignment by Wachob of his claim against the defendants, secured and succeeded to such rights, and -.such only, as Wachob possessed at the time of the transfer.
Such defenses as would have been allowed had he retained the claim and brought suit upon it himself, are now admissible against the plaintiff’. Assuming, without ■deciding, that by the understanding of the parties to .the agreement the defendants incurred a personal liability, it is quite clear that there was no error in‘the…
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