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BANK ONE, DAYTON, N.A. v. DOUGHMAN

No. C-880001.

59 Ohio App. 3d 60 (1988)

BANK ONE, DAYTON, N.A., APPELLANT, v. DOUGHMAN, APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Christopher D. Trail, Robert P. Thomas and Waymon B. McLeskey II, for appellant.

William C. Hambley, for appellee.

BLACK, J.

The single issue in this appeal is whether a retail purchaser of consumer goods may, under R.C. 1317.031, assert against the financial institution that loaned money to the buyer for the purchase, the defense that the installment note provided for an excessive delinquent charge (in excess of three dollars, contrary to the provisions of R.C. 1317.06[B][2]), thus rendering the installment note unenforceable under R.C. 1317.08. We believe this point is one of...

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