Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-04-07
SUPREME COURT OF OHIO.

A.~-.l
Hon. Jsoob Brinlerhoff. Chief Justice; Hon. Josiah
Scott Hon William White Hon. John Welch
and Hon. Luther Day, Judges l.: j., Critchfeld
Esq, Reporter. 4. 5. Sheppard. Clerk.
onypp,, nocVpr
GENERAL DOCKET.
No. 81, Bourdett Wood Y. Joseph NeWklrk. Er-
ror to the District Court Of Erie County.
WEIGH, j. Held
]. Upon petition In error, the Dlstrlct court may
order the Court Of Common Pleas to send up per
feet Transcript Of its record but IL mas no power IN
such q case TO order an amendment OF tne recoru
itself: ,.,,o. % oo
rious interest," is sufficient consideration to support
an agreement by the creditor 70 give iuItheL tine,
given for the orignarlOan.
JUDGMENT affirmed. I'LL, p.,,..a
. NO. oo' Inc Asniapun q Nvw niSpyn - n, aa,it0 4;
Company Y. Asariah Smith. Error. Reserved IN
the District Court of Ashtabula county.
WHITE, D; Held .o,,;5o
men tnc second section vi tno NV W ~ @
Tor the cIeati9n anu g @ u ndwned with
panies (S.'& U. Stat; I'D has peen compnea VIII VIII
the eorporators and their associates pecohe pouy
corporate. mn. .a .h., d;-oo-
=. mere, IN PeGClon, ~ hS 10 boen Sul aScted bv
tors OF railroad company hau peen eul ooo.eu ~ ~
the stocknolders IN puisuance vi nvo o stoct had
presumed that me Ieqplte n.,;n ~ na aso
to authorize the Location oi tne roau anu t1e mah
ing OF assessments by the dlrectoI. 80 eiectou. u
5. Conditional stock subscriptions, on tne per
tormance OF the conditlons' pecome ~ ,ho
present term. 49, L,l
4. Where the conditlon was tnat tne rona snVuiu i
"pdss through" given locality, the permanent 10
cation Of the road, without lts consTncti9n on tno
route designated, is a compliance with tne conai-
ton. ,.,;.o.ol
g.. Where conditional subscription was dellveIea
to the company before tne eectloD Vi M
after such election the conditlon was Pelormed one
subscription took enect At the Time Vi PeIioIa%Ge. ~
The first installment Men Decame payaoIe, anu INC
subscriber liable 70 assessments lor tne ieslMuue. M
o. subscription, uneScepuUnaLple III oenes ~ ~,
spects VIII not erendereu lhvalu " VI oS
having been made III DoOk opeheu ny the comPo-
ny for the purpose. -, ....,.l .u5
Judgment reversed, demurrer oVerFuIee, r anu dnu
cause remanded TO the common lleaS ior iui'no'
proceedings. g. nLo,,.. ph;,l;,s .,rv;
No: 90. Louis camyn v. lhoihas p rnIlips, Tn,r,
vor, &c., and others. Error to the superior oour'
of Cincinnati
SCoTT j. Held
i. Where, upon the loan OF money, sePara.g noses @
~ @ Vno % ~; ;,aros, 10 accrne theceon or where
single note is taken for the amount Of both princi
pal and interest, payable alta future day, and the
notes. in either case contain stipulation as to
special rate Of interest," though the loan was in TACT
made under the ten per cent law of 1885, at the rate
OF ten per cent per annum, yet interest can only be
collected on such notes. after maturity at the rate OF
six per cent.
Q. Where payments of interest are made on such
notes after maturity at the rate OF ten per such
payments will if made prior to the repeal OF the ten
terest only but il made subsequent TO the repeal of
idlsw, tho excess OF the payments over SIX per