Ohio Court of Appeals, 1923

Cole v. Jenkins

Cole v. Jenkins
Ohio Court of Appeals · Decided September 24, 1923 · Ullivan
1 Ohio Law. Abs. 733

Cole v. Jenkins

Opinion of the Court

¡ULLIVAN, J.

Epitomized Opinion

Suit on a note for $3,300 which was executed by efendant and delivered to plaintiff’s decedent for re purpose of exhibiting to and appeasing certain ■tackholders of a corporation. No consideration ^¡sed from the payee to the maker. The defense as no consideration and an agreement of eancella-on between maker and payee. The Common Pleas ireeted a verdict for plaintiff. Defendant prose-rted error to this court. Held:

Since there was no consideration for the note sub-tantial justice has not been done. The judgment i against the weight of the evidence and contrary > law. Reversed and remanded.

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