Helen D. Houser v. Ohio Historical Society

403 N.E.2d 965 (1980)

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Helen D. Houser v. Ohio Historical Society

Ohio Supreme Court
403 N.E.2d 965 (1980)

KL

Facts

In 1934, Mary Dana Houser loaned several artifacts once owned by her ancestor General Israel Putnam to the Ohio Historical Society (society) (defendant). Each item was delivered with a copy of a receipt stating that it was on loan to the society for one year, or more, and could be withdrawn upon presentation of the receipt. In 1948, Mary requested the return of one item, a wedding dress, and the society complied. Mary died in 1952, and in 1975 Helen D. Houser (plaintiff) was appointed the administratrix of Mary’s will. Helen made a demand for the rest of the loaned items by presenting their receipts. The society refused to return the items, and Helen sued. The trial court held that Helen’s suit was barred by the statute of limitations because the items were loaned to the society decades ago. The appellate court reversed, holding that the statute of limitations did not begin to run until Helen asked the society to return the items and ordering the society to return the items. The society appealed.

Rule of Law

Issue

Holding and Reasoning (Herbert, J.)

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