Unless displaced by this chapter, the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter.
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1964–2023 · leading case: Profeta v. Lombardo, 600 N.E.2d 360 (Ohio Ct. App. 11th Dist. 1991).
Profeta v. Lombardo, 600 N.E.2d 360 (Ohio Ct. App. 11th Dist. 1991). · cites it 4דFurthermore, the catchall provision contained in newly enacted R.C. 1336.10 2 and former R.C. 1336.11 3 states that the principles of law and equity supplement the sections in the chapter.”
Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 8th Dist. 1999). · cites it 3ד” R.C. 1336.10, in turn, supplements the law governing fraudulent conveyance actions with general legal principles outside the Chapter 1336 Uniform Fraudulent Transfer Act, and provides as follows: “Unless displaced by this chapter, the principles of law and equity, including,…”
Locafrance United States Corp. v. Interstate Distrib. Servs., Inc., 451 N.E.2d 1222 (Ohio 1983). · cites it 2דSetting aside the conveyance and other remedies set forth in R.C. 1336.10 and 1336.11 would not be a sufficient deterrent to discourage appellants and other debtors from making fraudulent conveyances to avoid creditors.”
Premier Therapy, L.L.C v. Childs, 2016-Ohio-7934. “” {¶131} Additionally, R.C. 1336.10 provides: “Unless displaced by this chapter, the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake,…”
Blood v. Nofzinger, 834 N.E.2d 358 (Ohio Ct. App. 6th Dist. 2005). “Damages {¶ 59} The UFTA provides not only for the setting aside of a fraudulent transfer to the extent necessary to satisfy a debt; a creditor may also obtain “any other relief that the circumstances may require.”
Francisco A. Mateo M.D., Inc. v. Proia, 2023-Ohio-3908, 227 N.E.3d 389. “” R.C. 1336.10. {¶83} The UFTA defines a creditor as a person who has a claim, a debtor as a person who is liable on a claim, and a debt as liability on a claim.”
Individual Bus. Servs. v. Carmack, 2013-Ohio-4819. · cites it 2ד) {¶ 44} Finally, R.C. 1336.10 provides the following further guidance: “Unless displaced by this chapter, the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation,…”
Yoo v. Ahn, 2018-Ohio-1291. “R.C. 1336.10 supplements the law governing fraudulent conveyance actions, and provides that the principles of law and equity, including, but not limited to, the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress,…”
Foster v. Gibson, 202 N.E.2d 202 (Ohio Ct. App. 1964). · cites it 2ד” *237 The relief sought by the prayer in this case is provided by Section 1336.10, Revised Code, which says: “Where a conveyance made or obligation incurred is fraudulent as to a creditor whose claim has not matured he may proceed in a court of competent jurisdiction against…”
Hamilton v. Comm'r, 61 T.C.M. 1708 (Tax Ct. 1991). “Ohio Rev. Code Ann. sec. 1336.10 . The Ohio statute defines as "fraudulent as to creditors" certain conveyances that are deemed to be fraudulent without proof of the transferor's intent.”
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