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Gallagher Co. v. Ins. Co.

Supreme Court of Ohio
Dec 10, 1952
109 N.E.2d 509 (Ohio 1952)

Opinion

Nos. 33227 and 33228

Decided December 10, 1952.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Contracts — Insurance salesman agreed to install efficient business system — To give expert advice on business, tax and personnel problems — Consideration — Corporation's promise to permit insurance sales — To corporation and key employees — Legality of contract — Section 9404, General Code — Consideration not valuable, when — Contract by insurance company, ultra vires, when — Corporation's insurable interest in employees — Actions — Real party in interest — Pleading — Joinder — Of actions based on contract, tort and conspiracy — Of parties — Defendants misjoined, when — Due process — Equal protection — Sections 2 and 16, Article I, Constitution — Article XIV, Amendments, U.S. Constitution — Inalienable rights — Section I, Article I, Constitution.

APPEALS from the Court of Appeals for Lucas county.

Messrs. Syring Devine, for appellants.

Messrs. Ritter, Boesel Lord, Messrs. Lane, Downing DeMuth, and Messrs. Smith Ells, for appellees.


It is ordered and adjudged, sua sponte, that these appeals as of right be, and the same hereby are, dismissed for the reason that no debatable constitutional question is involved.

Appeals dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.


Summaries of

Gallagher Co. v. Ins. Co.

Supreme Court of Ohio
Dec 10, 1952
109 N.E.2d 509 (Ohio 1952)
Case details for

Gallagher Co. v. Ins. Co.

Case Details

Full title:THE GALLAGHER CO., APPELLANT v. THE NEW YORK LIFE INS. CO. ET AL.…

Court:Supreme Court of Ohio

Date published: Dec 10, 1952

Citations

109 N.E.2d 509 (Ohio 1952)
109 N.E.2d 509

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