OHIO LOAN & DISCOUNT CO. v. TYARKS

No. 37226.

173 Ohio St. 564 (1962)

OHIO LOAN & DISCOUNT CO., APPELLANT, v. TYARKS, APPELLEE.

Supreme Court of Ohio.

Decided July 11, 1962.


Attorney(s) appearing for the Case

Mr. Allan B. Diefenbach and Mr. Herman Fishman, for appellant.

Mr. Norman Costick and Mr. Richard Sternberg, for appellee.


ZIMMERMAN, J.

The controlling issue in this case is whether a failure or want of consideration on the part of the seller of equipment may be raised as a valid defense to a promissory note executed by the purchaser of such equipment directly to a loan company, the proceeds of which were turned over by the loan company to the seller to pay for such equipment.

Throughout this litigation Tyarks has attempted to place Trombette and the loan company on the same...

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