Jack v. Klepser
Supreme Court of Pennsylvania
Appeal, No. 146, Jan. T., 1899, by plaintiff, from judgment of C. P. Blair Co., Oct. T., 1897, No. 187, on case stated in the action of William Jack, trading as the Martinsburg Deposit Bank of Martinsburg, Pa., now to the use of William S. Nicodemus, assignee, in trust for the benefit of creditors, v. Harry M. Klepser and Abram B. Woodcock, copartners, trading as Klepser & Woodcock and D. M. Klepser. Case stated.
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Appeal, No. 146, Jan. T., 1899, by plaintiff, from judgment of C. P. Blair Co., Oct. T., 1897, No. 187, on case stated in the action of William Jack, trading as the Martinsburg Deposit Bank of Martinsburg, Pa., now to the use of William S. Nicodemus, assignee, in trust for the benefit of creditors, v. Harry M. Klepser and Abram B. Woodcock, copartners, trading as Klepser & Woodcock and D. M. Klepser. Case stated. The case stated was as follows: 1. That on December 14,1896, William Jack and Anthony S. Morrow, surviving partners of a copartnership doing business under the firm name and style of…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,.The single question to be considered and determined on this appeal is whether the learned court below erred in deciding that the deposits specified in the third and fourth paragraphs of the case stated were legally a subject of set-off against the promissory note and indebtedness specified in the second paragraph thereof.
At the time of the failure of the bank the note described in the second paragraph of the case stated was not due, but this fact was no obstruction to the exercise, by Klepser and Woodcock, of their right to set off against the note the deposit…
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