Volume 23 — Ohio Circuit Court Reports, New Series

This is an action brought by Kennedy Brothers against Judge Price, as administrator, to recover for the funeral expenses and last sickness, etc., of Mr. Hover.

<p>By this petition in error we are asked to reverse the judgment of the court of common pleas in the cause thus entitled.</p>

Lepotsky brought suit against the two plaintiffs in error to recover damages growing out of an explosion of dynalite and the igniting of gas and a gas explosion, whereby said Lepotsky’s building was substantially destroyed and causing, also, great personal injury to him.

The relator in this case, a telephone company under the laws of Ohio, seeks by writ of mandamus to compel the director of public service of the city of Norwood and the city of Norwood to issue a permit to it to construct and maintain underground conduits, with the necessary manholes and laterals for same, in five certain avenues in the city of Norwood.

This cause comes before the court on a motion filed by a defendant in error to strike from the files the bill of exceptions filed herein because the same was not filed within the time provided by law.

The real question in this case is whether the parties hereto entered into a contract on the 13th day of April, 1909. If they did, the plaintiff is entitled to recover in this action, for it is not claimed that the defendant has performed any such contract, while it is clear from the evidence that if what was done by the parties on that day constituted a contract between them, there has been no failure to perform on the part of the plaintiff.

<p>KNOWLEDGE AS TO THE CONDITION OF A FAILING BANK.</p> <p>Banks and Banking — Check Deposited in a Failing Bank — Payment' Stopped by Maker — Check Passes to Another Bank with Notice of Defective Title Against which all Defenses are Held Available.</p> <p>A check on a Newport (Ky.) bank was deposited by E in the Metropolitan Bank of Cincinnati fifteen minutes before its doors were closed not again to be reopened. The check was turned over by the Metropolitan to the Second National, which credited the amount of the check on an overdraft of the Metropolitan. The president of the Second National had full knowledge of the condition of the Metropolitan. E stopped nayment on the check, and the Second National sued him.</p> <p>Held: That the Second National had notice of the defective title of the endorser of the check, and moreover did not take the check for value, but for collection, and its claim against the maker of the check fails on both grounds.</p>

The plaintiff in error was convicted in the mayor’s court of the city of Elyria on a charge of selling ice cream in quantities less than a pint and not contained in sealed or locked cans, or other containers, approved by the board of health of the city of Elyria. On a review of the case on error in the court of common pleas, the judgment of the mayor’s court ivas affirmed.

This suit is brought by Locher, as a tax-payer, to have the board of education of the city of Cleveland enjoined from carrying out a contract with the Superior Seating Company, a corporation, for the furnishing of 1,200 chairs for use in furnishing the West Technical High School of said city. The contract resulted from the acceptance by the school board of a bid made for the furnishing of these chairs by the Superior Seating Company.