Citizens Savings & Trust Co. v. Gibson-Spence Coal Co.

Citations

• 16 Ohio N.P. (n.s.) 273

Syllabus

<p>Verdict — By Three-Fourths of the Jury — Application of the Act Relating Thereto — Recent Holding by the Supreme Court Distinguished— Claim That the Notes Sued on Were Given for a Consideration Which Failed — Not a Defense, When — Section 11455 as Amended.</p> <p>1. Under the General Code 26, providing that when an amendment to a statute relates to the remedy it shall not affect causes of action existing at the time of such amendment unless-otherwise expressly provided in the amending' act, the provisions of amended Section ■ : 11455 authorizing a verdict upon concurrence of three-fourths of the jury, does not apply to a cause of action stated in an action eom-menced after May 14, 1913, the time the' amendment became operative, when the cause or causes of action accrued long prior to that ■’ daté and were existing at the time of such amendment which con- ■ tained no language expressly making it applicable to such existing causes. (Elder v. Shoffstal, decided by Supreme Court, June 16, • . 1914, 89 Ohio State, affirming 17 C.C.fN.S.], 182, distinguished; second paragraph of syllabus not applicable.)</p> <p>2; A claim that notes were given in consideration of future delivery' of coal which fails, is not a defense to an action by a bank which purchases the same before maturity without notice of such con-.' . • sideration or engagement between the parties.</p>