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Weinreich v. Sav. Assn

Supreme Court of Ohio
Nov 7, 1945
64 N.E.2d 322 (Ohio 1945)

Opinion

No. 30468

Decided November 7, 1945.

Supreme Court — Dismissal — No debatable constitutional question involved — Accord and satisfaction — Necessity for and existence of consideration — Building and loan association in liquidation — Restricted operation through board of directors — Final liquidating dividend ordered by directors — With interest for liquidating period at rates specified in deposit contracts — Varying from four to six per cent — No preference among creditors, when — Condition in dividend checks — Acceptance a release and full payment of claims and interest — Acceptance by depositor-creditors — Barred from claiming six per cent interest, when — Action by depositor-creditors for six per cent interest — Defense of accord and satisfaction available to directors, when.

APPEAL from the Court of Appeals of Montgomery county.

Messrs. Froug Froug, for appellants.

Messrs. Estabrook, Finn McKee, for appellee.


It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.


Summaries of

Weinreich v. Sav. Assn

Supreme Court of Ohio
Nov 7, 1945
64 N.E.2d 322 (Ohio 1945)
Case details for

Weinreich v. Sav. Assn

Case Details

Full title:WEINREICH ET AL., APPELLANTS v. THE FRANKLIN SAVINGS LOAN ASSN., APPELLEE

Court:Supreme Court of Ohio

Date published: Nov 7, 1945

Citations

64 N.E.2d 322 (Ohio 1945)
64 N.E.2d 322