Ames Trust and Savings Bank v. Reichardt

— The question presented by plaintiff-bank’s petition in equity for declaratory judgment is whether it had a right to apply the balance of Charles R. Reichardt’s deposit as payment on his note which was unmatured and unsecured at the time of his death. Defendant-administratrix contends: (1) plaintiff had no right of equitable setoff, (2) it would defeat the rights of other creditors, and (3) plaintiff waived any right to and is estopped from claiming, a setoff. The trial court entered a decree for plaintiff. Defendant on this appeal asserts. the court erred in denying each of her three…