Bank of Leipsic Co. v. Kreinbrink

*499OPINION

By GUERNSEY, J.

1. Although the petition did not allege knowledge on the part of the bank of the assumption by the Kreinbrinks of the mortgage indebtedness, or any agreement on the part of the bank to allow the amount owing on such certificates of deposit as an off-set to the mortgage indebtedness, a majority of this court are of the opinion that the right of set-off, for the reasons hereinafter mentioned, operated as a matter of law and did not require the consent or agreement of the bank, and this court is unanimously of the opinion that irrespective of whether the petition stated a…