Stephens v. Schuchmann
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Geoege W. Lubke, Judge. t “A right of set-off, perfect and available against the bank at the time of his appointment as receiver, is not affected by the bank’s insolvency.”
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Appeal from the St. Louis City Circuit Court. — Hon. Geoege W. Lubke, Judge. t “A right of set-off, perfect and available against the bank at the time of his appointment as receiver, is not affected by the bank’s insolvency.” Hade v. Me Vay, 31 Ohio St. 231, 238; Miner v. Miner, 8 Gratt. 1; Fry v. Evans, 8 Wend. 530 ; Merritt v. Seaman, 6 N. Y. 168; Jordan v. Bank, 74 N. Y. 467. The maker of a promissory note, not due at the time of the bank’s insolvency, and against which no set-off then existed, ought not, by a simple non-payment of the note at maturity, either by arrangement with the…
1Opinion of the CourtPeers, J.
The plaintiff instituted this action to recover upon certain notes held by him as recover of the Fifth National Bank of St. Louis, amounting together to the sum of fifteen hundred dollars, executed by the defendant Schuchmann, and endorsed by the defendant Soderer. The facts of the execution and endorsement of the notes were admitted; but the defendant Soderer in his separate answer pleaded a set-off against the plaintiff’s claim as follows: “And for a further and additional defense to the several causes of action set forth in the plaintiff’s petition, and as a set-off and counter-claim to…
2Cases cited10 opinions
- National Bank v. ColbySupreme Court of the United States · 1875
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Fry v. EvansNew York Supreme Court · 1832
- Miller v. Receiver of the Franklin BankNew York Court of Chancery · 1829
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3Cited by4 opinions
- Yardley v. ClothierCourt of Appeals for the Third Circuit · 1892
- Williams v. RoseDistrict Court, D. New Jersey · 1914
- Yardley v. ClothierU.S. Circuit Court for the District of Eastern Pennsylvania · 1892
- Storts v. MillsMissouri Court of Appeals · 1902