Cox v. Metropolitan State Bank, Inc.

I respectfully dissent from the majority opinion and the specially concurring opinions.

The right of a bank to apply general deposits standing in the name of and belonging to a depositor to the payment of such depositor’s past due indebtedness to the bank is a right generally recognized throughout the United States. Colorado, as evidenced by numerous decisions of this and the former Court of Appeals, recognizes this right.

*594In Manitou v. First National Bank, 37 Colo. 344, 86 Pac. 75, it was said:

“When a bank holds a depositor’s note, it has the right at any time during the day on which it falls…