O'Keefe v. Mahoney

Hamilton Circuit Court

O'Keefe v. Mahoney

10 Ohio Cir. Dec. 819

DecidedJuly 1, 1899

StatusPublished

This text of 10 Ohio Cir. Dec. 819 (O'Keefe v. Mahoney) is published on Counsel Stack Legal Research, covering Hamilton Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Keefe v. Mahoney, 10 Ohio Cir. Dec. 819 (Ohio Super. Ct. 1899).

Pincite

Opinion

Haynes, J.

In this case the judgment of the court of common pleas will be affirmed.

Conceding that there was a good consideration for which the note was given, we are unable to see any error in the charge of the court. The [820]*820real issue in the case was whether the note was given for a good consideration, to-wit., for moneys owing from the maker of the note to her; and we think that her right to recover on the note cannot be affected, even if she knew the effect of taking the note and mortgage to secure the same would be to take property that would have gone to other creditors If she had not secured or enforced her claim.

C. B. Matthews, for plaintiff in error, C. W. Baker, contra.

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Haynes, J.

In this case the judgment of the court of common pleas will be affirmed.

Conceding that there was a good consideration for which the note was given, we are unable to see any error in the charge of the court. The [820]*820real issue in the case was whether the note was given for a good consideration, to-wit., for moneys owing from the maker of the note to her; and we think that her right to recover on the note cannot be affected, even if she knew the effect of taking the note and mortgage to secure the same would be to take property that would have gone to other creditors If she had not secured or enforced her claim.

C. B. Matthews, for plaintiff in error, C. W. Baker, contra.

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Bluebook (online)

10 Ohio Cir. Dec. 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/okeefe-v-mahoney-ohcircthamilton-1899.