Oscar Zimeri and Marie Elena Mijas De Zimeri v. Citizens and Southern International Bank of New Orleans

ALVIN B. RUBIN, Circuit Judge:

The debtor of a bank seeks to avoid the bank’s application of the balance due him on a certificate of deposit to a debt he had earlier guaranteed. The trial court found that the instrument by which the debtor assigned the certificate was executed as a result of mutual mistake and also that the bank was estopped from making the set-off. Accepting the determination that the assignment was the result of mutual mistake, we hold that that finding was irrelevant to whether the bank had the right to make the challenged offset and disagree with the conclusion that the…