SECOND NATIONAL BANK OF WARREN v. BOYLE

No. 32512.

99 N.E.2d 474 (1951)

155 Ohio St. 482

SECOND NATIONAL BANK OF WARREN v. BOYLE et al.

Supreme Court of Ohio.

May 31, 1951.


Attorney(s) appearing for the Case

Hoppe, Day & Ford, Warren for appellant.

Paul E. Kightlinger, Theodore R. Saker, Warren, Herbert S. Duffy, Atty. Gen., Foster J. Fludine, Canton, Don C. Miller and John S. Mudri, Cleveland, for appellees.


TAFT, Judge.

The question to be determined is whether the indebtedness, originally evidenced by the 1948 note of the mortgagor to the bank, is secured by the 1946 mortgage of the mortgagor to the bank.

It is argued that, because the 1946 mortgage did not obligate the bank to make the 1948 loan to the mortgagor, the 1946 mortgage could not secure the indebtedness evidenced by the 1948 note. Kuhn v. Southern Ohio Loan & Trust Co., 101 Ohio St. 34, 126 N...

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