Goldstein v. Jefferson Title & Trust Co.

Opinion by

Linn, J.,

This appeal involves the right of set-off or application of payments. The suit was by a depositor against a bank for damage to his credit resulting from refusal to pay his check when, as he alleged, his account was good. The defense was that on the day payment was refused, and prior to the refusal, the amount to the credit of the depositor was reduced by the amount of his note that day matured, leaving his balance insufficient to pay the check. The court directed a verdict for the plaintiff with instructions to assess damages. The verdict was $400. Judgment for defendant,…