# Farmers State Bank & Trust Co. v. Mikesell

> Ohio Court of Appeals · June 10, 1988 · 51 Ohio App. 3d 69

URL: https://www.frixlaw.com/law-library/cases/3769667

## Case

- **Full name:** Farmers State Bank & Trust Company, Appellee, v. Mikesell Et Al., Appellants
- **Court:** Ohio Court of Appeals
- **Decided:** June 10, 1988
- **Citations:** 51 Ohio App. 3d 69; 554 N.E.2d 900; 11 U.C.C. Rep. Serv. 2d (West) 1306; 1988 Ohio App. LEXIS 2307
- **Precedential status:** Published
- **Opinion:** Dissent by Kerns
- **Judges:** Fain, Brogan, Kerns
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3769667

## Opinion text

Kerns, P.J.,
concurring in part and dissenting in part. Where property is wrongfully transferred in violation of a security agreement, I cannot agree that its subsequent omission from a typical financial statement constitutes constructive notice so as to trigger the running of the statute of limitations. For this reason, I would overrule the third assignment of error.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3769667. Public record. Not legal advice.