185 N.E. 887 | Ohio Ct. App. | 1932
Each of three cases below was decided by the court of common pleas upon a motion of plaintiff for judgment in his favor on the pleadings, and in each final judgment was entered in favor of the plaintiff below. Error is prosecuted to this court under the above titles.
The cases all are so-called bonus cases, or claims for preference for deposit of money loaned by the United States government on adjusted service certificates. January 11, 1932, this court decided the case of Ramisch v. Fulton, Supt. of Banks,
Plaintiff in error insists that he is entitled to a judgment of reversal in each case merely because there is a general denial in the answers. In our judgment none of the petitions states a cause of action, and the motions for judgments on the pleadings in favor of the respective plaintiffs should have been overruled. The court below held in each case that the plaintiff was entitled to a preference. In doing so the court committed prejudicial error. The depositor in each case was merely a general creditor of the bank. In each case the judgment will be reversed and the cause remanded with directions to overrule the motions for judgment on the pleadings and for further proceedings not inconsistent with this opinion.
Judgments reversed and causes remanded.
LLOYD, P.J., RICHARDS and WILLIAMS, JJ., concur. *376