Roelker v. Bromley-Shepard Co.

WILSON, Circuit Judge.

This is an appeal from a decree of the District Court of Massachusetts in a bill in equity to compel the defendant-appellant as receiver of an insolvent national bank t,o allow as a set-off against an amount due the bank on the joint note of the plaintiffs-appellees a claim against the bank by one of the joint makers.

The facts are simple. The Middlesex National Bank of Lowell on the 14th day of December, 1931, was closed by order of the Comptroller of the Currency; the bank then being insolvent.

On that day the Bromley-Shepard Company, Inc., was indebted to the bank in…