First National Bank vs. Hemingray

ABSTRACT OF DECISIONS OF SUPREME

COURT OF OHIO.

~~December Term, 1877 — Filed December 11, 1877.

                                         HON. JOHN WELCH, Chief Justice.

                                         " WILLIAM WHITE,

                                         " WILLIAM J. GILMORE, }Associate Justices.

                                         " GEORGE W. McILVAINE,

                                         " W. W. BOYNTON,

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LEX LOCI — SET-OFF. — 1. The right of set-off in an action is governed by the law of the place where the action is brought. 2. In an action brought in Ohio by the indorsee against the maker of a promissory note payable to order, executed in Kentucky, and indorsed before due, the maker can not get-off a debt due to him from the payee, notwithstanding the Kentucky statute, which declares such notes "assignable so as to vest the right of action in the assignee," but provides that such assignment shall not "impair the right to any . . . off-set the defendant has or might have used against the payee." Opinion by Welch, C. J. — First Nat. Bank of Cincinnati v. Hemingray.

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