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BANK v. ROUNDTREE

No. 8859.

60 Ohio App. 2d 13 (1978)

AKRON NATIONAL BANK & TRUST COMPANY, APPELLEE, v. ROUNDTREE, APPELLANT

Court of Appeals of Ohio, Summit County.

Decided November 1, 1978.

Attorney(s) appearing for the Case

Mr. Frederick S. Corns, for appellee.

Mr. Richard L. Aynes, for appellant.

BELL, J.

The Akron National Bank, plaintiff-appellee (hereafter referred to as the Bank), sued the defendant-appellant, Gerald Roundtree (hereafter referred to as Roundtree), to collect the balance due under a cognovit note executed on November 28, 1972, for a loan on the purchase of a car. Roundtree defaulted on his loan. The car was repossessed and sold. The cognovit judgment for the balance due, $492.48, taken on April 29, 1976, was set aside on

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