Brown v. Porter

The plaintiff petitions for a writ of mandate to compel defendant commissioner of finance to offset his deposit in the Western Commercial Bank, now in course of liquidation by the commissioner, against indebtedness due from plaintiff to the bank.

The complaint alleges the insolvency of the bank on December 23, 1925. At that time, plaintiff had on general deposit therein $6,532.07, and owed the bank the sum of $3,600 on two promissory notes, both past due. Defendant has refused to allow an offset. The action is prosecuted by plaintiff for and on behalf of himself and others similarly situated.…