Spurway v. Weintraub

FOSTER, Circuit Judge.

This is an appeal from a judgment ordering the receiver of a national hank to allow a depositor to set off his money on deposit against two notes upon which he was the indorser, to cancel and deliver the said notes to him, and liquidate tho balance of the account as an unpreferred claim. The case was submitted on bill and answer and a stipulation. The material facts shown are these: The City National Bank in Miami closed on December 20, 1930. Appellee had a balance on deposit of $661.33, and was an accommodation indorser on two notes, respectively, for $200 and $300.…