# Stearns v. John H. Hibben Dry Goods Co.

> Ohio Circuit Courts · December 19, 1908 · 21 Ohio C.C. Dec. 270

URL: https://www.frixlaw.com/law-library/cases/9309652

## Case

- **Full name:** George H. Stearns v. John H. Hibben Dry Goods Co.
- **Court:** Ohio Circuit Courts
- **Decided:** December 19, 1908
- **Citations:** 21 Ohio C.C. Dec. 270
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Giffen
- **Judges:** Giffen, Smith, Swing
- **Cited by:** 0 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/9309652

## Opinion text

GIFFEN, J.
The ruling of the superior court in general term upon a demurrer should, when the case is transferred to this court, be followed unless clearly erroneous..
The petition discloses no misrepresentation by the' board of directors upon which the plaintiff relied to his prejudice, nor the concealment by them of any fact not recorded in the minutes, which, on demand, were open to inspection by the plaintiff as a stockholder.
Whatever be the- nature of the trust created by the resolution of the board of directors.on January 10, 1898, it terminated on or before June 30, 1899, more than six years before the commencement of the action.
Although a demand was necessary before beginning the action, the failure to make demand did not suspend the operation of the statute of limitations. Howk v. Minnick, 19 Ohio St. 462 [ 2 Am. Rep. 413 ]; *277 Douglas v. Corry, 46 Ohio St. 349 [21 N. E. Rep. 440; 15 Am. St. Rep. 604 ]; Townsend v. Eichelberger, 51 Ohio St. 213 [38 N. E. Rep. 207].
Judgment affirmed.
Swing and Smith, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9309652. Public record. Not legal advice.