Mayton v. Citizens Bank & Trust Co.

By JUDGE OLIVER A. POLLARD, JR.

In this case the Plaintiffs, experiencing marital difficulty, sold their home and the proceeds were deposited in a money market account in Defendant bank, in the names of the respective attorneys of the Plaintiffs, as escrow agents. The funds were to be held until further agreement of the parties or until a Court directed a distribution between the parties.

Defendant Bank subsequently became the assignee of a promissory note, executed by the Plaintiffs, which included right of set-off to withdraw any amounts owed to the Plaintiffs which were due them from any…