# Roessler v. Security Savings & Loan Co.

> Ohio Supreme Court · February 28, 1947 · 147 Ohio St. 480

URL: https://www.frixlaw.com/law-library/cases/3782621

## Case

- **Full name:** Roessler Et Al., Appellants, v. the Security Savings & Loan Co., Appellee
- **Court:** Ohio Supreme Court
- **Decided:** February 28, 1947
- **Citations:** 147 Ohio St. 480; 147 Ohio St. (N.S.) 480; 34 Ohio Op. 389; 72 N.E.2d 259; 1947 Ohio LEXIS 426
- **Precedential status:** Published
- **Opinion:** Concurrence by Turner
- **Judges:** Sohngen, Turner, Hart, Bell, Weygandt, Matthias, Zimmerman
- **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/3782621

## Opinion text

Turner, J.,
concurring. I concur in the reasons given for the decision in the majority opinion but I place my concurrence in the judgment on the further ground that inasmuch as the appellee corporation was one incorporated prior to the enactment of the General Corporation Act and inasmuch as there was no provision in the articles of incorporation or otherwise to the contrary, a dissenting shareholder is entitled to the intrinsic value of his shares in the absence of an agreement when the majority of the shareholders authorize a consolidation" of the corporation with another corporation. To hold otherwise would be to impair the obligation of contract between the shareholder and the corporation and to deprive the shareholder of due process of law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3782621. Public record. Not legal advice.
