164 N.E. 752
Nos. 20744 and 21084Supreme Court of Ohio.
Decided December 26, 1928.
Negotiable instruments — Question for jury — Knowledge of restrictions and conditions upon use of notes — Purchaser in due course, before maturity, without knowledge of defects.
ERROR to the Court of Appeals of Cuyahoga county.
Messrs. Dustin, McKeehan, Merrick, Arter Stewart, and Mr. C.M. Horn, for Commonwealth Banking Trust Company.
Messrs. Stearns, Chamberlain Royon, for Smith Oby Company.
Messrs. White, Hammond, Brewer Curtiss, for John C. Boehm Company.
BY THE COURT.
In the case of Commonwealth Banking Trust Company v. Smith Oby Company, cause No. 20744, a rehearing was granted and the case reargued and again submitted to the court:
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upon consideration thereof, the court adhered to its former conclusion, announced on March 28, 1928, ante, 514.
The case of John C. Boehm Co. v. Commonwealth Banking Trust Co., cause No. 21084, was argued and submitted to the court at the same time as the Smith Oby Company case.
The court is of opinion that there is some evidence tending to support the claim of the plaintiff in error as to the knowledge that the Commonwealth Banking Trust Company had that there were restrictions and conditions upon the use of the notes in question, and that the trial court should have submitted the evidence to the jury for consideration, with proper instructions as to whether the bank was a purchaser of the notes in due course, before maturity, and without knowledge of any defects or infirmities in the title.
It therefore follows that the judgment of the Court of Appeals in cause No. 20744, Commonwealth Banking Trust Co. v Smith Oby Co., be affirmed; and that the judgment of the Court of Appeals in cause No. 21084, John C. Boehm Co. v Commonwealth Banking Trust Co., be reversed, and both causes remanded to the court of common pleas for further proceedings according to law.
Judgment affirmed in cause No. 20744, and cause remanded.
Judgment reversed in cause No. 21084, and cause remanded.
DAY, ALLEN, KINKADE, ROBINSON, JONES and MATTHIAS, JJ., concur.
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