Delano v. Equitable Trust Co.

The rule, that a bank may look to deposits in its hands for the repayment of any indebtedness to it on the part of the depositor and may apply the debtor’s deposits on his debt to the bank as it becomes due, is so well established as to render unnecessary here a citation of the long line of cases. *705See 7 C. J. 653. In the case at bar the question, which arises upon a motion for judgment on the pleadings, is, whether such a right of setoff can be exercised without notice to the depositor. The material facts of lEeseparate defense which show that the payment of plaintiff’s checks was refused…