Wolcott, Receiver v. Pierre

This appeal involves the question of whether a partnership deposit in an insolvent bank in the hands of a receiver can be set off against a note owing to the bank by one of the partners, with the consent of the other partner.

Appellant brought this action against appellee by a complaint in two paragraphs upon two promissory notes payable to appellant’s insolvent, The State Savings and Trust Company. Appellee answered each paragraph of complaint in two paragraphs: (1) General denial; (2) a plea of set-off, in which appellee sought to set-off a joint deposit of himself and his partner.

Appellant…