Cummer v. Gerstenberger

Ohio Supreme Court

Cummer v. Gerstenberger

82 Ohio St. (N.S.) 436

CourtOhio Supreme Court

DecidedMay 17, 1910

DocketNo. 11885

StatusPublished

This text of 82 Ohio St. (N.S.) 436 (Cummer v. Gerstenberger) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cummer v. Gerstenberger, 82 Ohio St. (N.S.) 436 (Ohio 1910).

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Opinion

Judgment

of circuit court modified. Grounds stated in journal entry.

This court upon the record thus presented, finds that, if said William M. Cummer'is indebted at all upon the assignment of said policy of insurance. for any sum collected by him, such indebtedness [437]*437is owing to the heirs of said Caroline M. Gerstenberger, deceased, jointly, and that therefore the right of action if any exists against said Cummer by reason of the facts alleged in the petition, is in the heirs of said deceased, and not in the plaintiff alone as one of said heirs. It is therefore considered and adjudged that the judgment of the circuit court be and the same is hereby modified to conform to the foregoing finding. And this cause is remanded to the court of common pleas of Cuyahoga county with direction to set aside the judgment entry of November 16, 1908; also-to permit the making of the other heir or heirs parties to said action, and for further proceedings according to law.

Spear, Davis, Shauck and Price, JJ., concur.

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Judgment

of circuit court modified. Grounds stated in journal entry.

This court upon the record thus presented, finds that, if said William M. Cummer'is indebted at all upon the assignment of said policy of insurance. for any sum collected by him, such indebtedness [437]*437is owing to the heirs of said Caroline M. Gerstenberger, deceased, jointly, and that therefore the right of action if any exists against said Cummer by reason of the facts alleged in the petition, is in the heirs of said deceased, and not in the plaintiff alone as one of said heirs. It is therefore considered and adjudged that the judgment of the circuit court be and the same is hereby modified to conform to the foregoing finding. And this cause is remanded to the court of common pleas of Cuyahoga county with direction to set aside the judgment entry of November 16, 1908; also-to permit the making of the other heir or heirs parties to said action, and for further proceedings according to law.

Spear, Davis, Shauck and Price, JJ., concur.

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Bluebook (online)

82 Ohio St. (N.S.) 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummer-v-gerstenberger-ohio-1910.