Stearns v. John H. Hibben Dry Goods Co.

Ohio Circuit Courts

Stearns v. John H. Hibben Dry Goods Co.

21 Ohio C.C. Dec. 270

DecidedDecember 19, 1908

StatusPublished

This text of 21 Ohio C.C. Dec. 270 (Stearns v. John H. Hibben Dry Goods Co.) 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.

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Stearns v. John H. Hibben Dry Goods Co., 21 Ohio C.C. Dec. 270 (Ohio Super. Ct. 1908).

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Opinion

GIFFEN, J.

The ruling of the superior court in general term upon a demurrer should, when the case is transferred to this court, be followed unless clearly erroneous..

The petition discloses no misrepresentation by the' board of directors upon which the plaintiff relied to his prejudice, nor the concealment by them of any fact not recorded in the minutes, which, on demand, were open to inspection by the plaintiff as a stockholder.

Whatever be the- nature of the trust created by the resolution of the board of directors.on January 10, 1898, it terminated on or before June 30, 1899, more than six years before the commencement of the action.

Although a demand was necessary before beginning the action, the failure to make demand did not suspend the operation of the statute of limitations. Howk v. Minnick, 19 Ohio St. 462 [2 Am. Rep. 413]; [277]*277Douglas v. Corry, 46 Ohio St. 349 [21 N. E. Rep. 440; 15 Am. St. Rep. 604]; Townsend v. Eichelberger, 51 Ohio St. 213 [38 N. E. Rep. 207].

Judgment affirmed.

Swing and Smith, JJ., concur.

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