Barrington v. Maner

BRYAN, Circuit Judge.

To an action by appellee, as receiver of a failed national bank, against appellants Barrington and Horn individually on a note, which Barrington signed as maker and Horn as indorser, Barrington pleaded set-off of the amount on deposit in the bank to the credit of the Barrington & Horn Chevrolet Company and the Auto Loan Company, two *918partnerships formerly owned by appellants, but which at the time suit was brought were owned individually by Barrington to whom Horn had previously assigned all his interest. At the close of the evidence, the trial court withdrew from the jury…