Lindsey v. Crestar Bank

By JUDGE JACK B. STEVENS

This matter has been under advisement by the Court upon the Motion of the Plaintiffs to Strike the Plea in Bar filed herein by the Defendant; the Plea asserting that Plaintiffs’ sole remedy is an action in equity.

The matter has been extensively and well briefed by counsel, and the Court has considered all the authorities cited and the arguments made on behalf of each side. The Court has concluded that the Motion to Strike the Plea in Bar must be denied and the Plea sustained.

As Defendant points out, Black’s Law Dictionary (5th Ed. 1979) defines "surcharge" as "the…