Legal Opinion
George P. Baker, Trustees of the Property of Penn Central Transportation Company v. National City Bank of Cleveland
Court of Appeals for the Sixth Circuit
Decided February 13, 1975No. 74--1908PublishedCited by 70 opinions
1Opinion of the Court
LIVELY, Circuit Judge.
This appeal presents a single question: What requirements must a bank meet in order to effect a non-judicial setoff against the account of a customer? The facts are not in dispute and are stated in the comprehensive memorandum and order entered in the district court by Judge William K. Thomas. Baker, et al., Trustees v. National City Bank of Cleveland, 387 F.Supp. 1137 (N.D.Ohio 1974). The District Judge concluded that a nonjudicial setoff is effected only when intent to set off is accompanied by some act of consummation and evidence of the consummated setoff in bank…
2Cases cited8 opinions
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Aarons v. Pub. Ser. B. L. Assn.Supreme Court of Pennsylvania · 1935
- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Goldstein v. Jefferson Title & Trust Co.Superior Court of Pennsylvania · 1928
- Duffy v. B. L. Assn.Supreme Court of Pennsylvania · 1936
3 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Normand Josef Enterprises, Inc. v. Connecticut National BankSupreme Court of Connecticut · 1994
- Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
- Belfance v. Bancohio/National Bank (In Re McCormick)United States Bankruptcy Court, N.D. Ohio · 1980
- In Re BriggsUnited States Bankruptcy Court, E.D. Michigan · 1992
65 more not listed; retrieve them via the Exa API.