Reports of Cases Argued and Determined in the Circuit Courts of Ohio Volume 22

Reports of Cases Argued and Determined in the Circuit Courts of Ohio Volume 22

By (author) 

Currently unavailable


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 any averment of that kind. It was argued to us orally that it was a makeshift, a device to take what purported on its face to be a mortgage when in fact it was a conditional sale. It is in many respects in the ordinary form of a chattel mortgage and states that the transfer shall be void in the event that the payments are not made. We think that the case of the S1'ngeriMfg. Co. v. Caldwell, cannot be applied to this case because there the pleadings distinctly say, and the issue was raised as to whether or not it was a conditional sale, whether or not the title remained in the v ndor after the sale; and that is the provision of the statute, section 4155-2, that a conditional sale where the title remains in the vendor shall require before the property be taken from the vendee certain payments to be made by the vendor, and that it in no sense prevents the taking of a chattel mortgage. So that not only with reference to the weight of the testimony, but in this case there is a total absence of any averment that would bring it within the provisions of this statute concerning conditional sales. and therefore the judgment below must be reversed. Stejahens 9' Lincoln, for Plaintiff in Error. Walter M. Locke, for Defendant in Error. Before Frazier, Burrows and Marvin, J. tjudge Marvin of the Eighth Circuit taking the place of Judge Laubie.) THE CITY OF SALEM ET AL v. LAURA MULFORD. Assessment for Street Improvement payable in installments-Additjon of interest in excess of 25 per cent. of value of property fillefla "' Where an assessment for a street improvement is payable in installments, and municipal bonds are issued to pay therefor, and the interest on such bonds added to the deferred installments increases more

Product details

  • Paperback | 306 pages
  • 189 x 246 x 16mm | 549g
  • United States
  • English
  • black & white illustrations
  • 1236825519
  • 9781236825513