Reports of Cases Argued and Determined in the Circuit Court of Ohio Volume 21

Reports of Cases Argued and Determined in the Circuit Court of Ohio Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...of this payment to Huntsberger, Mr.Huntsberger would indemnify that company or restore the money to them. But that would be no more than his legal duty, or the duty of his We do not think that it gives rise to a trust, much Kerruish at al. v. Meyers at al. less to a trust in favor of Meyers which he may assert and enforce. Conceding as fully as it is claimed by defendants in error in their arguments and in their atlidavits, that from time tc time a demand for this money was made of Mr. Ashley and other counsel of the Building Company, in favor of Meyers, does that alter the situation? We do not see how that could aifect the rights of Mr. Huntsberger as attorney of Mrs. Kerruish, or the rights of Mrs. Kerruish. Whether because of that demand Meyers would have any cause of action against Mr. Ashley, or against the company, on account of the disregard thereof, or on account of the disregard or violation of any arrangement that may have been entered into between him and Beard & Beard, or Meyers, we are not called upon to say; we are called upon to determine now only the rights involved as between Mrs. Kerruish and Huntsberger on the one hand, and Beard & Beard upon the other. We are of the opinion, however, that if Meyers were entitled to a homestead, he did not proceed in a proper way or as required by law to enforce his right or demand. The order upon the company was in full force and effect at the time this money was paid by Mr. Ashley to Mr. Huntsberger. It had remained in full force and effect continuously from the time it was entered up until the time of that payment. The company was not at liberty to disregard it. It would have been liable to an action for it, and to other proceedings, perhaps, if it had disregarded it. The duty...show more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236927060
  • 9781236927064