EDWARDS v. PASSARELLI BROS. AUTOMOTIVE SERVICE, INC.

No. 39941.

8 Ohio St. 2d 6 (1966)

EDWARDS, APPELLANT, v. PASSARELLI BROS. AUTOMOTIVE SERVICE, INC., APPELLEE.

Supreme Court of Ohio.

Decided November 30, 1966.


Attorney(s) appearing for the Case

Mr. Leo Waldman, for appellant.

Messrs. Pfau, Pfau & Comstock, Messrs. Arter, Hadden, Wykoff & Van Duzer, Mr. William E. Pfau, Jr., Mr. Thomas V. Koykka and Mr. William A. Kyler, for appellee.


MATTHIAS, J.

The instant case presents a problem that is novel to Ohio and, perhaps, as counsel for defendant suggests, to the entire country. In essence, plaintiff is attempting to recover $11,574.25 from a $10,000 judgment.

Here, plaintiff has received $1,574.25 from defendant's insurer and has signed a receipt therefor. The receipt is clear and unambiguous. It states that a certain sum has been paid on behalf of a named person for alleged damages resulting...

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