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GENE DOROTHY SIMS, Plaintiff-Appellee Cross-Appellant v. BLOOMFIELD
SAVINGS BANK, Defendant-Appellant Cross-Appellee and RICHARD L.
ROUDENBUSH, Administrator VETERANS ADMINISTRATION and JOE
STRATTON and BETTY STRATTON, Defendants
C.A. No. 8461
Court of Appeals of Ohio, Ninth Appellate District, Summit County
1977 Ohio App. LEXIS 8777
December 14, 1977
NOTICE:
PURSUANT TO RULE 2(G) OF THE OHIO
SUPREME COURT RULES FOR THE REPORTING
OF OPINIONS, UNPUBLISHED OPINIONS MAY BE
CITED SUBJECT TO CERTAIN RESTRAINTS,
LIMITATIONS, AND EXCEPTIONS.
PRIOR HISTORY:
[*1] APPEAL FROM
JUDGMENT ENTERED IN THE COURT OF
COMMON PLEAS OF SUMMIT COUNTY, OHIO,
CASE NO. 75-6-1489
COUNSEL: Andrew J. Michaels and Edmund M.
Sawan, Attorneys at Law, for Plaintiff-Appellee, Cross
Appellant
Dennis Reimer and Richard L. McNellie, Attorneys at
Law, for Defendant-Appellant, Cross Appellee
JUDGES: HUNSICKER, J., BELL, P.J. and HARVEY,
J., CONCUR (Hunsicker, J., retired Judge of the Ninth
District Court of Appeals, and Harvey, J., retired Judge
of the Court of Common Pleas of Summit County, Ohio,
sitting by assignment pursuant to Article IV Sec. 6(C),
Constitution.)
OPINION BY: HUNSICKER
OPINION
DECISION AND JOURNAL ENTRY
HUNSICKER, J.
This cause was heard October 12, 1977, upon the
record in the trial court, including the transcript of
proceedings, and the briefs. It was argued by counsel for
the parties and submitted to the court. We have reviewed
each assignment of error and make the following
disposition:
On June 25, 1975, Mrs. Gene Dorothy Sims filed a
complaint in the Common Pleas Court of Summit
County, Ohio, against Bloomfield Savings Bank of
Bloomfield, New Jersey, Richard L. Roudenbush,
Administrator, Veterans Administration, Joe Stratton and
Betty Stratton. [*2] The action, before final submission
to a jury, was dismissed as to Richard L. Roudenbush,
Administrator, Veterans Administration. Joe Stratton and
Betty Stratton were later dismissed without prejudice.
The action proceeded to final conclusion against
Bloomfield Savings Bank and a judgment was rendered
against that bank. From the judgment thus rendered, an
appeal is lodged in this court. The complainant, Mrs.
Sims, filed a cross-appeal. The chief issue by Mrs. Sims
is that she did not receive a larger verdict. The chief
issue by Bloomfield Savings Bank is that a verdict of any
amount in favor of the complainant, Mrs. Sims, is
improper.
On October 8, 1963, Mrs. Sims executed a note and
mortgage on real estate in favor of National First
Mortgage Company of Canton, Ohio, in the sum of $
13,500. This debt was guaranteed by a Veterans
Administration Loan Guaranty Certificate dated October
24, 1963, to the extent of 55.56% of the indebtedness
outstanding from time to time under this loan. The V.A.
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