Bank of United States v. Bilgore

The plaintiff bank, concededly insolvent, brings this action to recover upon defendants’ guaranty of notes of a third party, held by the plaintiff. The defendants’ counterclaim, which has been attacked for insufficiency, is to the effect that prior to and at the time the Superintendent of Banks took possession of the plaintiff, the defendants had on deposit with the plaintiff to their copartnership account a balance in the sum of $28,076.68; that checks drawn by the defendants on the plaintiff to the order of the Superintendent of Banks had been tendered in payment of the notes sued upon with…