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BUTLER PRODUCE & CANNING CO. v. BANK

No. 33171.

159 Ohio St. 267 (1953)

BUTLER PRODUCE & CANNING CO., APPELLEE, v. EDGERTON STATE BANK CO., APPELLANT.

Supreme Court of Ohio.

Decided April 29, 1953.

Attorney(s) appearing for the Case

Messrs. Newcomer, Newcomer & Shaffer and Messrs. Woods & Woods, for appellee.

Messrs. Gebhard & Hogue and Messrs. Ohlinger, Koles, Wolf & Flues, for appellant.

MIDDLETON, J.

It is unnecessary to discuss any of the defenses or asserted grounds of error other than the defense of accord and satisfaction.

With respect to liability to the plaintiff, the obligation of Brant was primary and that of the defendant bank was secondary. The plaintiff was entitled to be reimbursed but once on account of Brant's defalcations. If Brant made full restitution any liability of the defendant...

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