Legal Opinion
Farmers' & Merchants' State Bank v. Park
Court of Appeals for the Fifth Circuit
Decided December 9, 1913No. 2,521PublishedCited by 1 opinion
Appeal from the District Court of the United States for the Western District of Texas. Suit in equity by M. C. H. Park, trustee in bankruptcy of the Slay-den-Kirksey Woolen Mill, against the Farmers’ & Merchants’ Bank of Waco, Tex. Decree for complainant, and defendant appeals. Affirmed.
1Per curiam
Under the evidence in the case the deposit made by the Slayden-Kirksey Woolen Mill with the appellant bank shortly prior to the bankruptcy was a special deposit agreed not to be subject to general set-off. To allow a set-off of the same against the indebtedness previously due the bank would be to give the bank an advantage not enjoyed by other creditors.
Affirmed.
2Cited by1 opinion
- Updike v. Oakland Motor Car Co.Court of Appeals for the Second Circuit · 1931