Fulton v. State ex rel. Gen. Motors Corp., No. 25309.

CourtUnited States State Supreme Court of Ohio
Writing for the CourtDAY
Citation130 Ohio St. 494,200 N.E. 636
PartiesFULTON, Superintendent of Banks, v. STATE ex rel. GENERAL MOTORS CORPORATION.
Docket NumberNo. 25309.
Decision Date11 March 1936

130 Ohio St. 494
200 N.E. 636

FULTON, Superintendent of Banks,
v.
STATE ex rel.
GENERAL MOTORS CORPORATION.

No. 25309.

Supreme Court of Ohio.

March 11, 1936.


Error to Court of Appeals, Cuyahoga County.

Action in mandamus by the State, on the relation of the General Motors Corporation, against one Fulton, Superintendent of Banks. Judgment of the Court of Common Pleas sustaining a demurrer to the petition was reversed by the Court of Appeals, and defendant brings error.-[Editorial Statement.]

Judgment of the Court of Appeals reversed, and judgment of the Court of Common Pleas affirmed.

This is an action in mandamus which originated in the court of common pleas of Cuyahoga county, and was brought on relation of the defendant in error, General Motors Corporation, to compel the superintendent of banks of the state of Ohio to accept defendant in error's claim for preference and to approve or reject the same.

The petition alleged substantially the following facts: Tht the General Motors Corporation had a claim against the liquidator of the Union Trust Company of Cleveland, Ohio, for $26,474.09, arising out of a deposit of items for collection, totaling the above-mentioned amount, to its credit with the Union Trust Company on February 25, 1933, the last day on which it was open; that the proceeds of said items did not reach the Union Trust Company until after February 25, 1933; that, pursuant to the provisions of section 710-90, General Code, the superintendent of banks gave notice by publication in a newspaper of general ciculation in Cuyahoga county, the last of which notice was published on July 19, 1933, calling upon all persons having preference claims against the bank to file the same with him and to make legal proof thereof at the main office of said bank; that, according to the provisions of section 710-98a, General Code, a preference claim must be filed with the superintendent of banks on or before three months after the expiration of the last notice required by section 710-90, General Code; that on October 18, 1933, the General Motors Corporation deposited its claim for preference in the mails in Detroit, Mich., properly addressed to the superintendent of banks, which in the ordinary course of mail should have reached his office on October 19, 1933, the last day upon which such claims could be filed, but through some delay in the mails was not actually received until October 20, 1933; and that the superintendent of banks refused to accept the claim for preference on the ground that October 19th was the last day for filing.

This action in mandamus was then instituted in the court of common pleas of Cuyahoga county to compel acceptance of the claim and its approval or rejection.

The superintendent of banks filed a demurrer to the petition, which demurrer was sustained. Error proceedings were then prosecuted to the Court of Appeals, wherein the judgment of the lower court was reversed. To reverse the judgment of the Court of Appeals error is prosecuted to this court.



Syllabus by the Court.

[Ohio St. 494]1. The term ‘filed’ employed in section 710-98a, General Code, requires actual delivery of the preference claim into the official custody and control of the superintendent of banks.

2. The depositing of a preference claim in the mails, properly addressed to the superintendent of banks, and postage prepaid, mailed before, but delivered after, the expiration of the time [Ohio St. 495]limit prescribed by section 710-98a, General Code, does not constitute a filing under the statute.


[Ohio St. 496]

[200 N.E. 637]

John W. Bricker, Atty. Gen., Lewis F. Laylin, of Columbus, and Thomas J. Herbert, of Cleveland, for plaintiff in error.

Krueger, Gorman & Davis, of Cleveland, for defendant in error.


DAY, Judge.

It is the contention of plaintiff in error that under section 710-98a, General Code, a claim for preference cannot be considered ‘filed,’ until it is physically received by the superintendent of banks, or by a special deputy in charge of liquidation of the particular bank, and that, since the claim of defendant in error was not received ‘on or before three...

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30 practice notes
  • Welsh Dev. Co. v. Warren County Reg'l Planning Comm'n, No. CA2009-07-101.
    • United States
    • United States Court of Appeals (Ohio)
    • February 22, 2010
    ...received until after the expiration of the prescribed time limit. Fulton, Supt. of Banks v. State ex rel. General Motors Corp. (1936), 130 Ohio St. 494[, 5 O.O. 142, 200 N.E. 636]. Rather, ‘[t]he term “filed” * * * requires actual delivery * * *.’ Id. at paragraph one of the syllabus.” Id. ......
  • Bigler v. Pers. Serv. Ins. Co., CASE NO. 12 BE 10
    • United States
    • United States Court of Appeals (Ohio)
    • March 31, 2014
    ...filed when it is delivered into the official custody and control of the proper agency. Fulton v. State ex rel. Gen. Motors Corp., 130 Ohio St. 494, 200 N.E. 636 (1936) (dealing with a filing to the superintendent of banks). "A paper is filed when it is delivered to the proper official and b......
  • Capparell v. Love, No. 94APE05-639
    • United States
    • United States Court of Appeals (Ohio)
    • December 30, 1994
    ...received until after the expiration of the prescribed time limit. Fulton, Supt. of Banks, v. State, ex rel. General Motors Corp. (1936), 130 Ohio St. 494 [5 O.O. 142, 200 N.E. 636]. Rather, '[t]he term "filed" * * * requires actual delivery * * *.' Id., at paragraph one of the syllabus. How......
  • In re M.L., 17-21-05
    • United States
    • United States Court of Appeals (Ohio)
    • August 16, 2021
    ...Cty. Bd. of Revision , 140 Ohio St.3d 114, 2014-Ohio-2872, 16 N.E.3d 573, ¶ 21, quoting Fulton v. State ex rel. Gen. Motors Corp. , 130 Ohio St. 494, 497, 200 N.E. 636 (1936). "Statutes that provide for filing documents require physical delivery to the official or agency, unless the statute......
  • Request a trial to view additional results
30 cases
  • Welsh Dev. Co. v. Warren County Reg'l Planning Comm'n, No. CA2009-07-101.
    • United States
    • United States Court of Appeals (Ohio)
    • February 22, 2010
    ...received until after the expiration of the prescribed time limit. Fulton, Supt. of Banks v. State ex rel. General Motors Corp. (1936), 130 Ohio St. 494[, 5 O.O. 142, 200 N.E. 636]. Rather, ‘[t]he term “filed” * * * requires actual delivery * * *.’ Id. at paragraph one of the syllabus.” Id. ......
  • Bigler v. Pers. Serv. Ins. Co., CASE NO. 12 BE 10
    • United States
    • United States Court of Appeals (Ohio)
    • March 31, 2014
    ...filed when it is delivered into the official custody and control of the proper agency. Fulton v. State ex rel. Gen. Motors Corp., 130 Ohio St. 494, 200 N.E. 636 (1936) (dealing with a filing to the superintendent of banks). "A paper is filed when it is delivered to the proper official and b......
  • Capparell v. Love, No. 94APE05-639
    • United States
    • United States Court of Appeals (Ohio)
    • December 30, 1994
    ...received until after the expiration of the prescribed time limit. Fulton, Supt. of Banks, v. State, ex rel. General Motors Corp. (1936), 130 Ohio St. 494 [5 O.O. 142, 200 N.E. 636]. Rather, '[t]he term "filed" * * * requires actual delivery * * *.' Id., at paragraph one of the syllabus. How......
  • In re M.L., 17-21-05
    • United States
    • United States Court of Appeals (Ohio)
    • August 16, 2021
    ...Cty. Bd. of Revision , 140 Ohio St.3d 114, 2014-Ohio-2872, 16 N.E.3d 573, ¶ 21, quoting Fulton v. State ex rel. Gen. Motors Corp. , 130 Ohio St. 494, 497, 200 N.E. 636 (1936). "Statutes that provide for filing documents require physical delivery to the official or agency, unless the statute......
  • Request a trial to view additional results

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