Citizens' Bank v. Kretschmar
Mississippi Supreme Court
Prom the chancery court of Washington county. Hon. Percy Bell, Chancellor. The Citizens’ Bank of Greenville, the appellant, was the complainant in the court below, the appellee, Kretschmar, re ceiver of the Merchants’ & Planters’ Bank of Greenville, was defendant there. From a decree denying an equitable set-off against the receiver, the complainant appealed to the supreme court.
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Prom the chancery court of Washington county. Hon. Percy Bell, Chancellor. The Citizens’ Bank of Greenville, the appellant, was the complainant in the court below, the appellee, Kretschmar, re ceiver of the Merchants’ & Planters’ Bank of Greenville, was defendant there. From a decree denying an equitable set-off against the receiver, the complainant appealed to the supreme court. On June 6, 1905, three days before the failure of the Merchants’ & Planters’ Bank.of Greenville, appellant, the Citizens’ Bank of Greenville, in a clearance between the two banks received a New York exchange draft…
1Opinion of the CourtMayes, J.
There was, in truth, no indebtedness on the part of the Citizens’ Bank to the Merchants’ & Planters’ Bank at the date of the insolvency of the latter. It is true that it was stated by the *615Citizens’ Bank that there was a balance of $964.59, and this sum was passed to the credit of the receiver on the books of the Citizens’ Bank; but the Citizens’ Bank was at that time ignorant of the fact that the draft executed hy the Merchants’ & Planters’ Bank to cover a balance of $1,560.66 due on June 6th settlement had not been paid. The cheek given by the Merchants’ & Planters’ Bank to pay this balance…
2Cases cited7 opinions
- Weddigen v. Boston Elastic Fabric Co.Massachusetts Supreme Judicial Court · 1868
- Eyrich v. Capital State BankMississippi Supreme Court · 1889
- Yardley v. ClothierCourt of Appeals for the Third Circuit · 1892
- Wadlington v. CovertMississippi Supreme Court · 1875
- Taylor & Myers v. ConnerMississippi Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Anderson v. OwenMississippi Supreme Court · 1916
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