Ohio Supreme Court, 1934

Fulton, Supt. v. Schuky

Ohio Supreme Court · Decided April 11, 1934 · Weygandt, Allen, Stephenson, Jones, Matthias, Bevis, Zimmerman

191 N.E. 3; 128 Ohio St. 147; 128 Ohio St. (N.S.) 147; 1934 Ohio LEXIS 318 (North Eastern Reporter)

Cases that cite this one

1 later published case cites this decision.

Toledo Trust Co. v. Fulton, Supt. (Ohio Ct. App. 1935)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same is hereby, reversed and judgment is entered for the plaintiff in error, for the reason that statutes in derogation of the common law must be strictly construed, and under a strict construction of Section 712, G-eneral Code, presentation of a check for certification is not a presentation for “collection and payment”. Fulton, Supt. of Banks, v. B. R. Baker-Toledo Co., post, 226.

Judgment reversed and judgment for plaintiff in error.

Weygandt, C. J., Allen, Stephenson, Jones, Matthias, Bevis and Zimmerman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.