FIRESTONE TIRE & RUBBER CO. v. BANK

No. 33051.

159 Ohio St. 423 (1953)

FIRESTONE TIRE & RUBBER CO., APPELLEE, v. CENTRAL NATIONAL BANK OF CLEVELAND, APPELLANT.

Supreme Court of Ohio.

Decided May 13, 1953.


Attorney(s) appearing for the Case

Messrs. Jones, Day, Cockley & Reavis and Mr. Henry S. Brainard, for appellee.

Messrs. Arter, Hadden, Wykoff & Van Duzer, Mr. Sheldon S. Reynolds and Mr. Thomas A. Quintrell, for appellant.


HART, J.

The position taken by the Court of Appeals in this case is tersely stated as follows in its opinion:

"* * * The bank, by requesting that payment of these invoices be made to it, impliedly, although innocently represented to Firestone that it held, by assignment from Stan Wood, a valid obligation of Firestone, whereas in truth, and in fact, such obligation was false, fictitious and fraudulent. The bank lost no rights against Stan Wood, for all it had...

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