SUTTON BANK v. PROG. POLYMERS

No. 2019-1314.

163 N.E.3d 546 (2020)

161 Ohio St.3d 387

2020-Ohio-5101

SUTTON BANK, Appellant, v. PROGRESSIVE POLYMERS, L.L.C., et al., Appellees.

Supreme Court of Ohio.

Decided November 3, 2020.


Attorney(s) appearing for the Case

Meyer Kerschner, Ltd., Michael D. Stultz , Tiffin, and Douglas A. Stephan , for appellant.

Buckingham, Doolittle & Burroughs, L.L.C., Patrick J. Keating , and Daniel J. Glass , Akron, for appellees.

Ice Miller, L.L.P., and Steven D. Forry , Columbus, urging reversal for amicus curiae Ohio Credit Union League.

Vorys, Sater, Seymour and Pease, L.L.P., John J. Kulewicz , Jeffrey E. Smith , and Scott A. Herkamp ; and Jeffrey D. Quayle , Columbus, urging reversal for amicus curiae Ohio Bankers League.

Porter, Wright, Morris & Arthur, L.L.P., H. Grant Stephenson , and L. Bradfield Hughes , Columbus, urging reversal for amicus curiae Community Bankers Association of Ohio.


{¶ 1} This case concerns whether certain inconsistencies in a cognovit promissory note signed by the debtors prevent its enforcement. Because the contract, viewed as a whole, put the debtors on notice of the rights that they were relinquishing by signing the note, the court of appeals erred in holding that the note...

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