Coffey v. Day & Night Nat. Bank

ANDREW M. J. COCHRAN,

District Judge. This action is before me on plaintiff’s demurrer to the answer, set-off and counterclaim of the defendant. It is brought *662on a certificate of deposit issued by the defendant to W. P.“ -T. Varney, and transferred by him to plaintiff for a valuable consideration before maturity. The certificate is in words and figures as follows, to wit:

The answer sets up, by way of set-off, an indebtedness of Varney, the payee, to defendant, in the sum of $5,000, owing to it at the time the certificate became .due. The sufficiency of this defense depends on whether this…