Ward v. North Fairmount Building & Saving Co.

Ohio Superior Court, Cincinnati

Ward v. North Fairmount Building & Saving Co.

5 Ohio N.P. 133

DecidedNovember 15, 1897

StatusPublished

This text of 5 Ohio N.P. 133 (Ward v. North Fairmount Building & Saving Co.) is published on Counsel Stack Legal Research, covering Ohio Superior Court, Cincinnati primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. North Fairmount Building & Saving Co., 5 Ohio N.P. 133 (Ohio Super. Ct. 1897).

Pincite

Opinion

SMITH, J.

The plaintiff is not entitled to the relief prayed for. To allow her to pay off her mortgage with the withdrawal claim of Klinke before it is payable is, in effect, to, give the Klinke claim priority over those whose applications for withdrawal had been filed before that of Klinke: because the mortgage could not be paid off except by cash and to allow it to be paid off by the Klinke claim is to treat the claim as cash, in other words,to pay the Klinke claim before the applications which were prior to it have been paid. What is expressly forbidden by the constitution cannot be done by indirection, for in either event the result is a preference in time of payment which the constitution seeks to •prevent.

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SMITH, J.

The plaintiff is not entitled to the relief prayed for. To allow her to pay off her mortgage with the withdrawal claim of Klinke before it is payable is, in effect, to, give the Klinke claim priority over those whose applications for withdrawal had been filed before that of Klinke: because the mortgage could not be paid off except by cash and to allow it to be paid off by the Klinke claim is to treat the claim as cash, in other words,to pay the Klinke claim before the applications which were prior to it have been paid. What is expressly forbidden by the constitution cannot be done by indirection, for in either event the result is a preference in time of payment which the constitution seeks to •prevent.

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Bluebook (online)

5 Ohio N.P. 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-north-fairmount-building-saving-co-ohsuperctcinci-1897.