State ex rel. Lattanner v. Hills

Citations

• 94 Ohio St. 171
• 113 N.E. 1045
• 1916 Ohio LEXIS 152

Syllabus

<p>Negotiable instruments — Defenses — Want or failure of consideration— Note given to enable bank to continue business — Duress —-Threats of prosecution — One issue properly submitted to jury — General verdict returned for prevailing party — Errors in submitting other issues, disregarded, when.</p> <p>1. Where a note is executed to a bank for the purpose of meeting the requirement of the state superintendent of banks that deficiency of the assets of said bank be made good, and for the purpose and with the result of enabling such bank to continue its business for some period during which debts are created and new depositors acquired, neither the defense of want of consideration nor failure of consideration for such note is available in an action brought to recover thereon by the state superintendent of banks.</p> <p>2. However, the defense of duress is available to the maker of such note, and if the execution thereof was induced solely by threats of criminal prosecution of a brother of the defendant, ■ made for that purpose by officers of the payee bank and a representative of the state superintendent of banks, and under such circumstances as to constitute a reasonable and adequate cause to control the will of the maker of said note, he may be relieved from payment thereof.</p> <p>3. Where, upon the issues made by several defenses to a claim sued upon, a general verdict is found for the defendant, it not being disclosed by answers to interrogatories or otherwise upon which issue the verdict was based, and the record disclosing no error touching either the presentation or submission of at least one of such issues, a finding upon which in favor of the prevailing party would justify a general judgment which is rendered, error of the trial court in the submission of other issues will be disregarded.</p>