French, Rec. v. Commercial Wall Paper Mills

Appellant brought this action against appellee seeking to recover the balance due on a promissory note executed by appellee to the First Trust & Savings Bank, Hammond, Indiana, now an insolvent bank, of which appellant is receiver. Appellee filed an answer of general denial to the complaint, and, in addition thereto, a plea of set-off, alleging that said bank was, at and prior to the time that it closed its doors and a receiver was appointed for it, indebted to appellee for and on account of a “commercial checking account,” and praying that the amount of such account be set off against any…