CLEVELAND PAINT & COLOR CO. v. BAUER MFG. CO.

No. 32053.

97 N.E.2d 545 (1951)

155 Ohio St. 17

CLEVELAND PAINT & COLOR CO. v. BAUER MFG. CO.

Supreme Court of Ohio.

March 7, 1951.


Attorney(s) appearing for the Case

Critchfield, Critchfield & Critchfield, Wooster, and Hauxhurst, Inglis, Sharp & Cull, Cleveland, for appellant.

Weygandt & Ross, Wooster, Garfield, Baldwin, Jamison, Hope & Ulrich, Cleveland, Karl E. Hoover, Wooster, William F. Aigler and Robert F. Lee, Cleveland, for appellee.


HART, Judge.

The question raised or sought to be raised by the plaintiff's demurrer to the second defense of the answer and by its motion to strike certain allegations from the first defense of the answer is whether, under these pleadings, the plaintiff, which brings this action pursuant to the terms of an alleged "loan agreement" with its insurer, is the real party in interest within the meaning of Section 11241, General Code.

The demurrer admits the truth...

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