Alropa Corp. v. Kirchwehm

2 Citing cases

  1. MFA Life Insurance v. Kyle

    630 F.2d 322 (6th Cir. 1980)   Cited 1 times
    Placing of "snitch" in general prison population was action so likely to produce injury as to be substantially certain and to raise an ordinary tort to level of constitutional violation

    Judge Krupansky held that since the property settlement between William Kyle and Earleaer Kyle was executed in Arkansas by then residents of Arkansas, Ohio conflict of law rules required that the district court look to Arkansas law to determine what effect, if any, this agreement might have on the rights of Earleaer Kyle to take the proceeds of the life insurance policy. As authority for this proposition, the court cited Mutual Life Ins. Co. of New York v. Cohen, 179 U.S. 262, 21 S.Ct. 106, 45 L.Ed. 181 (1900); Sheerin v. Steele, 240 F.2d 797 (6th Cir. 1957); Alropa Corp. v. Kirschwehm, 138 Ohio St. 30, 33 N.E.2d 655 (1941); McCormick v. Taft, 61 Ohio App. 200, 22 N.E.2d 510 (1938). In granting the motion of Earleaer Kyle for summary judgment, Judge Krupansky held that Allen v. First National Bank of Fort Smith, 261 Ark. 230, 547 S.W.2d 118 (1977) is dispositive.

  2. PNC Bank, N.A. v. Rolsafe International, LLC (In re Rolsafe International, LLC)

    477 B.R. 884 (Bankr. M.D. Fla. 2012)   Cited 16 times

    Because the negotiations that led to the settlement occurred via email and over the telephone between two individuals located in different states (Florida and Ohio), the Court must determine which state's law concerning settlement applies. Both Florida and Ohio law recognize the legal principle that absent a choice of law provision, a contract, including issues as to its validity, is governed by the law of the state where the contract is made. Nationwide Mut. Ins. Co. v. Ferrin, 21 Ohio St.3d 43, 487 N.E.2d 568 (1986); Alropa Corp. v. Kirchwehm, 138 Ohio St. 30, 33 N.E.2d 655 (1941); Fioretti v. Massachusetts General Life Ins. Co., 53 F.3d 1228, 1235 (11th Cir.1995); Pastor v. Union Cent. Life Ins. Co., 184 F.Supp.2d 1301, 1305 (S.D.Fla.2002). A contract is made where the last act necessary to complete the contract occurs.