Morganfield National Bank v. Damien Elder & Sons

REYNOLDS, Justice.

This is an action filed by Damien Elder & Sons, a partnership consisting of Damien Elder (father); Jerry Elder (a son); Robert J. (Bobby) Elder (a son); and Tommy Elder (a son), seeking a judgment against Mor-ganfield National Bank for damages which may have occurred from the setoff of two partners’ personal bank indebtednesses from the partnership’s checking account.

The parties and trial court assumed, for purposes of the original summary judgment, and thus, it is also assumed for purposes of this appeal, that Damien Elder & Sons was a partnership at the time of the setoffs.