BRENCKLE v. BRENCKLE

No. 34482.

165 Ohio St. 105 (1956)

BRENCKLE, APPELLANT, v. BRENCKLE ET AL., APPELLEES, ET AL.

Supreme Court of Ohio.

Decided March 28, 1956.


Attorney(s) appearing for the Case

Messrs. Black, McCuskey, Souers & Arbaugh, for appellant.

Messrs. Burt, Carson, Burt & Keinzle and Mr. John B. Nicklas, Jr., for appellees.


STEWART, J.

The present action was instituted by plaintiff under the authority of Section 12206, General Code (Section 1341.19, Revised Code), which reads:

"A surety may maintain an action against his principal to compel him to discharge the debt or liability for which the surety is bound, after it becomes due."

The question presented to us is whether a part or all of the debt due to the society is the principal obligation of defendants, and the obligation...

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