Farmers & Merchants State Bank v. Melby

Two actions by the commissioner of banks as the receiver of an insolvent state bank for recovery on promissory notes of the defendants held by the bank at the time of its insolvency. The one defense averred by the answers was that defendants should have the right to set off the amount of their liability as sureties of the bank on a depository bond to the county of Pennington. The appeal in each case is from an order sustaining a general demurrer to the answer. It is immaterial that the amount of defendant’s liability as surety has not yet been ascertained or that he has not paid it, for…