Legal Opinion
Walter v. National City Bank
Ohio Supreme Court
Decided June 25, 1975No. 74-825PublishedCited by 32 opinions
1Opinion of the CourtSteen, J.
The appellant bank'claims a right of equitable setoff of an unmatured indebtedness of its depositor, as against a judgment creditor seeking to reach the deposi-. tor’s account by an order in aid of execution. Appellant concedes that it has no statutory right of setoff under R. C. 2309.19.
Setoff, both at law and in equity, is that right which exists between two parties, each of whom under an independent contract owes a definite amount to the other, to set off their respective debts by way of mutual deduction. Witham v. South Side Bldg & Loan Assn. of Lima (1938), 133 Ohio St. 560, 562, 15 N.…
2Cases cited10 opinions
- Gerseta Corporation v. Equitable Trust Co.New York Court of Appeals · 1926
- Schuler v. IsraelSupreme Court of the United States · 1887
- Stockyards National Bank v. PresnallTexas Supreme Court · 1917
- Witham v. South Side Building & Loan Ass'nOhio Supreme Court · 1938
- Falkland v. . St. Nicholas Nat'l B'k of N.Y.New York Court of Appeals · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
- Monroe Retail, Inc. v. RBS Citizens, N.A.Court of Appeals for the Sixth Circuit · 2009
- O'Brien v. Ohio State University, 06ap-946 (9-20-2007)Ohio Court of Appeals · 2007
- Blackwell v. International Union, United Auto Workers Local No. 1250Ohio Court of Appeals · 1984
27 more not listed; retrieve them via the Exa API.