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11 Ohio opinions name it 2 courts 1998–2019 0 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
D. H. Overmyer Co., Inc. of Ohio v. Frick Co.green2 sentences2019Overmyer Co., Inc. v. Frick Co., 405 U.S. 174, 176 (1972). "[T]he cognovit has long been recognized [in Ohio] by both statute and court decision." Id. at 178 . 2019Overmyer Co., Inc. v. Frick Co., 405 U.S. 174, 176 (1972). "[T]he cognovit has long been recognized [in Ohio] by both statute and court decision." Id. at 178 . | 3 | 8 |
Hadden v. Rumsey Products, Inc.green2 sentences2012Overmyer Co. v. Frick Co., 405 U.S. 174, 176 , 92 S.Ct. 775 , 31 L.Ed.2d 124 (1972); see also Hadden v. Rumsey Products, Inc., 196 F.2d 92, 96 (2d Cir.1952) (stating “the purpose of the cognovit is to permit the holder to obtain judgment without a trial of possible defenses which the signers of the notes might assert.”) {¶ 3} The payment schedule on the Note is specified in ¶¶ I-v, and in explicit terms lays out the payment amounts into months designating both principal and interest payments beginning July 1, 2008 and ending as a balloon payment for any outstanding balance and accrued but unpa 2006Overmyer Co., Inc. v. Frick Co. (1972), 405 U.S. 174, 176-177 , 92 S.Ct. 775 , 31 L.Ed.2d 124 , quoting Hadden v. Rumsey Products, Inc. (C.A.2, 1952), 196 F.2d 92, 96 . | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Medina Supply Co. v. Corrado
green
2 sentences2009A cognovit note is a `legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly even with the appearance, on the debtor's behalf, of an attorney designated by the holder.' Medina Supply Co., Inc. v. Corrado (1996), 116 Ohio App.3d 847 , 850 , quoting D.H. 2006A cognovit note is a "legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly even with the appearance, on the debtor's behalf, of an attorney designated by the holder." Medina Supply Co., Inc. v. Corrado (1996), 116 Ohio App.3d 847 , 850 , quoting D.H. | 3 | 1998–2009 |
Klosterman v. Turnkey-Ohio, L.L.C.
green
2 sentences2019Klosterman v. Turnkey-Ohio, LLC, 182 Ohio App.3d 515 , 2009-Ohio-2508 , ¶ 19 (10th Dist.). {¶ 11} "The cognovit is the ancient legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly even with the appearance, on the debtor's behalf, of an attorney designated by the holder." D.H. 2018Klosterman v. Turnkey-Ohio, LLC , 182 Ohio App.3d 515 , 2009-Ohio-2508 , 913 N.E.2d 993 , ¶ 19 (10th Dist.). {¶ 8} "The cognovit is the ancient legal device by which the debtor consents in advance to the holder's obtaining a judgment without notice or hearing, and possibly even with the appearance, on the debtor's behalf, of an attorney designated by the holder." D.H. | 2 | 2018–2019 |
B I Hotel Mgt. v. Ditchman Holdings, Unpublished Decision (11-24-2004)
neutral
1 sentence2018No. 84265, 2004-Ohio-6294, ¶ 31 . {¶ 13} This court has previously outlined defaults on cognovit notes as follows: A cognovit note contains provisions designed to cut off defenses available to a debtor in the event of default. * * * The holder of a cognovit note in default obtains a judgment without a trial of possible defenses which the signers of the note might otherwise assert. * * * This is so because, under a cognovit note, the debtor consents in advance to the holder obtaining a judgment without notice or hearing. * * * An attorney, whom the note holder may designate, appears on behalf o | 1 | 2018–2018 |
Classic Bar Billiards v. Samaan, 08ap-210 (11-6-2008)
green
1 sentence2012No. 08AP- 210, 2008-Ohio-5759, ¶8 . {¶10} Appellants first contend that because the attorney confessing judgment failed to present the original warrant of attorney to the trial court prior to its entering judgment, the trial court's judgment is void for noncompliance with R.C. 2323.13(A). | 1 | 2012–2012 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.