McKean v. German-American Savings Bank

CHIPMAN, C.

This was an action brought by plaintiff against defendant to recover judgment for four hundred dollars alleged to have been deposited with the defendant by John Sehwickert as a general and ordinary deposit, payable on demand to said Sehwickert or assigns. The complaint averred an assignment by Sehwickert to plaintiff. For answer defendant showed that at the time of the deposit Sehwickert was indebted to it upon certain promissory notes secured by mortgage; that under the terms of the notes they were due, and that defendant had applied the money in reduction of Schwickerffs…