Straus v. Citizens' State Bank

This is an action of assumpsit commenced by Benjamin F. Straus against the Citizens’ State Bank of Elmhurst, in the circuit court of DuPage county. The defendant below filed the general issue, together with a plea of set-off, and also notice of set-off, but the case was finally tried upon a stipulation that any proper evidence might be introduced by either party, without reference to the form of the pleadings. A jury was waived and a judgment was rendered against the plaintiff below for the amount claimed as a set-off, less the amount of plaintiff’s claim against the bank. The amount of the…