¶1This cause was heard some time ago by two of the judges ot the court. Judge Swing is ot the opinion that the evidence offered did not show that the defendant was liable upon the note and mortgage sued on. Judge Smith is of the opinion that it did. As a result of this decision the petition will be dismissed at the costs of the plaintiff.
12 Ohio Cir. Dec. 721
Deglow's v. Kruse
Decided July 1, 1898
Ohio Circuit Courts · decided 1898-07-01
This was a suit on a note for $2,300, secured by a mortgage given by Mrs. Kruse in settlement of an indebtedness of the firm of F. Kruse & Son, F. Kruse being the husband of Mrs. Kruse. She claims that when she signed the note it was with the distinct understanding that she was doing it merely as an accommodation to Mr. Deglow, and that she should-never be called upon to pay it. The court below, Sayler, J., held that as to Mrs. Kruse there is no liability.
Decided 1898-07-01