O'Keefe v. Mahoney

Ohio Circuit Courts

O'Keefe v. Mahoney

20 Ohio C.C. 709

DecidedJanuary 15, 1899

StatusPublished

This text of 20 Ohio C.C. 709 (O'Keefe v. Mahoney) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts 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, 20 Ohio C.C. 709 (Ohio Super. Ct. 1899).

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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 real issue in the cáse 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 the 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.

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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 real issue in the cáse 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 the 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.

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Bluebook (online)

20 Ohio C.C. 709, Counsel Stack Legal Research, https://law.counselstack.com/opinion/okeefe-v-mahoney-ohiocirct-1899.