Herd v. Ingle

PREWITT, Chief Judge.

Plaintiffs received a judgment against defendants for $10,385.19. They attempted to collect the amount awarded through garnishing a bank account of defendants William R. Ingle and Billy Ingle at Citizens Bank of Ava. Claiming a right of “set off” because of a promissory note held by the bank and signed by William R. Ingle and Netta Ingle, the bank denied that it was obligated to pay under the garnishment. This contention was upheld by the trial court. Plaintiffs appeal.

A bank’s right to set-off is a well established principle. The relationship of a bank and its depositor…