BANCOHIO NATL. BANK v. ABBEY LANE LTD.

No. 83AP-336.

13 Ohio App. 3d 446 (1984)

BANCOHIO NATIONAL BANK, APPELLEE, v. ABBEY LANE LTD. ET AL., APPELLEES; HARDY, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided January 19, 1984.


Attorney(s) appearing for the Case

Messre. Kincaid, Palmer & Randall, Mr. James R. Moats and Mr. G. Michael Callagan, for appellee BancOhio Natl. Bank.

Messrs. Schottenstein, Zox & Dunn and Ms. Deborah A. Solove, for appellant.


KOEHLER, J.

In October 1980, Robert Hardy, the appellant herein, and J. Phillip Eller obtained a commercial loan from appellee bank in the amount of $25,000. The cognovit note was signed by appellant and Eller both as individuals and as partners in an enterprise called "Abbey Lane, Ltd."

Subsequent to the debtors' failure to tender payments as required under the note, appellee took a cognovit judgment against the makers in the amount of $28,094.10 on June...

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