Zelle v. German Savings Institution
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: McGrade y. German Savings Institution, ante, p. 330 ; Fourth National Bank, v. Oity National Bank, 68 Ill. 398. Equitable set-off. — Dammon v. Boylston Bank, 5,Cush. 194; Waterman on Set-off, 149 ; Ford's Administrator v. Thornton, 3 Leigh, 695 ; Reppy v. Reppy, 46 Mo. 571; Field v. Oliver, 43 Mo. 200; Laidley v. Jackson, 2 Paige, 581; Aldrich v. Campbell, 4 Gray, 284.
1Opinion of the CourtBaeewell, J.
The facts in this case are precisely the same as those in the case of McGrade v. German Savings Institution, decided by this court at its last term. That case went off on a non-suit at the close of plaintiff’s testimony; no instructions being asked, except one in the nature of a demurrer to the evidence. Counsel for respondent think that the instructions in the present case raise more distinctly the question of the right of equitable set-off in the bank. That question ivas considered in the opinion in the McGrade case. Counsel for respondent, however, think that it was not necessary to a…
2Cited by7 opinions
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- Senter v. Continental BankMissouri Court of Appeals · 1879
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