LUTZ v. MIDLAND DISCOUNT CORP.

No. 8179.

102 Ohio App. 403 (1956)

LUTZ, APPELLEE, v. MIDLAND DISCOUNT CORP., APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided November 19, 1956.


Attorney(s) appearing for the Case

Mr. Lee J. Hereth and Messrs. Cowell & Fletcher, for appellee.

Messrs. Druffel, Hogan, Kite & Smith, for appellant.


Per Curiam.

This is an action by a mortgagor of an automobile against a transferee of the mortgage and note to recover the fair value of the mortgaged automobile which the defendant had sold under the power of sale given to it in the mortgage, but without the mortgagor being given the notice required by Section 1319.07, Revised Code.

The plaintiff alleged that she had no notice or knowledge of the time or place of sale and that the defendant failed...

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