EAVER v. McGINNIS

No. 13149.

41 Ohio App. 3d 153 (1987)

EAVER, ADMINISTRATOR OF ESTATE OF STARK, APPELLANT, v. McGINNIS, APPELLEE.

Court of Appeals of Ohio, Summit County.

Decided December 2, 1987.


Attorney(s) appearing for the Case

Bruce J. May, for appellant.

William T. Whitaker, for appellee.


GEORGE, J.

A complaint was filed by Robert D. Eaver, Administrator of the Estate of Amos J. Stark, plaintiff-appellant, against H. E. McGinnis, defendant-appellee, on a promissory note dated January 12, 1984, in the amount of $7,500. The administrator had made demand, upon McGinnis, for payment on behalf of the estate before filing suit.

McGinnis answered by stating that the note was not a demand note and that he was not in default of payment. Further he affirmatively...

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