Symanski v. First National Bank of Danville

Plaintiff, Hedwig Symanski, appeals the trial court’s order granting defendant First National Bank of Danville’s motion for summary judgment and denying her cross-motion for summary judgment. The trial court held defendant had both a contractual and a statutory right to set off funds held by plaintiff and her three sons, Paul, Henry and Michael, in several certificates of deposit (CDs) to partially satisfy the debt of two of the sons, Michael and Henry. We affirm in part and reverse and remand in part.

The facts of this case are relatively simple. Funds were deposited with defendant in the…