Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-01-25
supr, me Court Of Ohio

TURHpAY, Jan. o. 1861.
Hon. Jacob Brinkerbog, Chief Justce Hon. Josiah
Scott, Hon. Milton sutlif, Hon. W. V. Peck and Hon
VIM Y Gholson, Judges. t.l. ...- y
l.. ]. CRITCHFIELD, Reporter.
GENERAL DOCKET. Is.
No. l42. The State Of Ohio ex 70. John Drake vs..
James M. Roosa ct al. .-
Information in the nature of quo aOarrantO
PECK, j.
special act passed prior to the adoption Of he on
stitutlon Of 1861, authorized Commissioners therein
named to open books, receive subscriptions TO capital
stock and thereupon TO organize corporation under IT.
No steps were taken BY thecommissoners toward such
subscription and organization until after the Oonsttu
ton took effect, but such subscriptions were made and
organization effected, within the period limited BY said
special act for that tpurpose-Ilsld
st That the special was abrogated or rapeale
by the serond section Of Article L. Of the Constitution
ofls5, nor by the act creae and regulate rail road
companies passed May LIST. ls5t. fiA H|
g That said second section prospective and not re
Prospective In its intent and
y an authority to esslats, and does mot repeal unac
oeped acts Of incorporation enacted under the consu
on Of 1907 Citizens Bank OF steubenville v. Wright
Auditor, Ohio State Reports 3ls followed and approv
ed. Demurrer overruled. .-
No; 49, Solomon stprgeas & Co. v. The Bank Of Dir
cleville tt'f 1'TTl
Reserved in the District Court of Pickway county.
SutlG j. A r.r .a.upn. ~ -.,I
L. as cashier Of defendants proposed by letter to sell
plaintiffs bill OF exchange drawn by B. & Go forS5 900
at the price OF principal interest," and current rate Of
exchange Of the same. s. & Co. by letter accepted ,hS
propoaItion and forwarded the money In payment,
received the money and gave credit expressed by let
terto plaintiffs enclosing bill by y. Il Co., strangers
to plaintiffs (aud endorsed without recourse by M.
stranger and not endorsed by defendants for S5 600
charging therefor the same price, informing them the
Co. bill was gone and addng-"but this bill 10 per
fectly safe. To which the plaintiffs replied by letter
your favor with stated nclosure is received, and 4
very satisfactory" 3. Co. were unable by the uso q
due diligence 10 collect tine ILL. Held.
s The caahier h. Is to be regarded as the agent Of thu
10 mi In ha TN
end That the affirmation Of the cashier, accompanying
the bill sent TO the plaintiffs that the bil Is perfectly
safe" amounted to warranty or representation In The
nature OF guaranty on the part OF defendants that the
bill was oollectable. ,f .,sl,,.,
Judgment for PLAINTIFF. .fss .-
Gholson and Peck, j. disJented.
No. 20. Samuel Blanchard Treasurer Of Lucas county
ct al Fredhck Bisssll Error to the Court Of COM
mon Please Of Lucas county. Reserved in the Ditrct
Court. ~ I.fI. lF fTT = -
scoTT, J.. '.l 10 tH.
BY the original charter Of the city Of Toledo Il wss
bounded on the southeast by the centre Of the Maumee
river, which nvgable stream. Upon the petition Of
the corporation, pursuant to the provisions OF the l4th
si h cities and
Commissioners Of Lucas comfy, ordered extension OF
Its limits so as TO include an nncorporated VILLAGE, and
other adjoining lands on the southeast side Of the river
Held l. That the territory annexed was contiguous to
2. T6atsuch annexation might be ordered without the
consent and against the remonstrance Of majority OF the
persons residing on the annexed territory. ~
Lands thus annexed liable to local taxation on &C.
count Of preexsting city debts.
The provisions OF said section II, are not In conflict
Powers ', Comm oners Of Wood county; 8, Ohio 81.
Rep. ee5, approved and followed. 2 y q ~ "a =
An order OF annexation made by the County Commits.
sioners In the exercise Of jurisdiction acquired pursuant
statute though ibe 10 be reviewed and set aside By
the Court Of Common Pleas 10 not ooid and cannot be
impeaohed.
An assessment OF taxes made pursuant to an ordinance