Fleming v. Bank of Virginia

This appeal tests a bank’s right of setoff against a depositor’s account. Donna M. Fleming, as guardian for her grandmother, Alma S. Elliott, brought this action against Bank of Virginia to recover $13,286 of Mrs. Elliott’s funds on deposit with the bank, which the bank had seized to satisfy a debt owed by another. The case came to jury trial, but at the close of the plaintiff’s case the court ruled as a matter of law that the plaintiff was not entitled to recover, granted the bank’s motion to strike the plaintiff’s evidence, and entered judgment for the bank. The sole question on appeal is…