Board of President of St. Louis Public School v. Estate of Broadway Savings Bank
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. “Demands ascertained, or depending' upon mere computation, may be set-off.” — Waterman on Set-off, sect. 304. “Damages arising from the non-fulfilment of a contract to make the demand, and give the notice requisite to fix the liability of the indorser of a note, may be set-off in an action brought against the owner of tho note upon another note of which he is the maker.” — Waterman on Set-off, sect. 307 ; Bidwell v.…
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Appeal from the St. Louis Circuit Court, Lindley, J. “Demands ascertained, or depending' upon mere computation, may be set-off.” — Waterman on Set-off, sect. 304. “Damages arising from the non-fulfilment of a contract to make the demand, and give the notice requisite to fix the liability of the indorser of a note, may be set-off in an action brought against the owner of tho note upon another note of which he is the maker.” — Waterman on Set-off, sect. 307 ; Bidwell v. Madison, 10 Minn. 13. If the claim of the bank against Krieger, Jr., could by any possibility be considered unliquidated…
1Opinion of the CourtThompson, J.
On May 22, 1879, the Broadway Savings Bank suspended payment, and thereafter the defendant became its assignee, under the statute relating to assignments. At the time of its suspension J. Philip Krieger, Jr., was, and had been since its organization, in 1869, its cashier. When the bank suspended there was standing to the credit of Krieger, Jr., as a depositor, on the books of the bank, the sum of $2,618.01. On the 28th of May, six days after the bank had suspended, Krieger assigned this indebtedness to the plaintiffs. The plaintiffs preferred a claim for the amount before the assignee, the…
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