Union Trust Co. v. Republic Asphalt Paving Co.

Ohio Supreme Court

Union Trust Co. v. Republic Asphalt Paving Co.

191 N.E. 4, 128 Ohio St. 153, 128 Ohio St. (N.S.) 153, 1934 Ohio LEXIS 320

CourtOhio Supreme Court

DecidedApril 11, 1934

Docket24317

StatusPublished

Cited by1 cases

This text of 191 N.E. 4 (Union Trust Co. v. Republic Asphalt Paving Co.) 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

Union Trust Co. v. Republic Asphalt Paving Co., 191 N.E. 4, 128 Ohio St. 153, 128 Ohio St. (N.S.) 153, 1934 Ohio LEXIS 320 (Ohio 1934).

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Opinion

It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same hereby is, reversed and said cause is hereby remanded to the Court of Common Pleas of Montgomery county, Ohio, with instructions to sustain the demurrer to the petition, for the reason that statutes in derogation of the common' law must be strictly construed, and under a strict construction of Section 712, General Code, presentation of a cheek 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 cause remanded.

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

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It is ordered and adjudged by this court, that the judgment of the said Court of Appeals be, and the same hereby is, reversed and said cause is hereby remanded to the Court of Common Pleas of Montgomery county, Ohio, with instructions to sustain the demurrer to the petition, for the reason that statutes in derogation of the common' law must be strictly construed, and under a strict construction of Section 712, General Code, presentation of a cheek 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 cause remanded.

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

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Bluebook (online)

191 N.E. 4, 128 Ohio St. 153, 128 Ohio St. (N.S.) 153, 1934 Ohio LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-trust-co-v-republic-asphalt-paving-co-ohio-1934.

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