Torbet v. Young

Citations

• 26 Ohio C.C. Dec. 245
• 24 Ohio C.C. (n.s.) 97

Syllabus

<p>ERROR — ESTOPPEL—NEGLIGENCE.</p> <p>1. Party Estopped on Error First to Complain of Trial of Issue for Money Only without Jury.</p> <p>Where so far as the record discloses, a party sat by in silence and permitted an action for money only to be tried without the intervention of a jury without interposing an objection thereto, he is estopped from complaining for the first time in a court of review that he was prejudiced thereby.</p> <p>2. Bailee Loaning Money to Stranger on Unrecorded Deed with Abstract of Perfect Title, Guilty of Gross Negligence and Liable for Full Loss on Forgery of Deed Shown.</p> <p>An agent or bailee, serving without pay, made a loan on farm property to a stranger the title whereof was shown by an abstract to be perfect in the grantee of the borrower, who exhibited an unrecorded deed to the property which was placed on record before the loan was consummated. The deed proved to be a forgery, and the owner of the funds loaned brought an action against the party who acted for her in making the loan for the amount of her loss. Held:</p> <p>The making of the loan to a stranger, without further inquiry than as to the validity of the title in his grantor, was gross negligence, and plaintiff is entitled to judgment for the full amount of the loss.</p> <p>[Syllabus by the court.]</p>