Appleton v. National Park Bank

This is an action in aid of an attachment by a judgment creditor and the sheriff to recover the balance of a deposit made by the judgment debtor in the defendant bank. The defendant claims an offset by reason of a note not yet due on the date of the levy under the warrant. Even assuming that the judgment debtor was insolvent on the day of the levy, there is no resort here to equitable jurisdiction. The complaint sets up a cause of action at law and the answer a purely legal defense. A bank has no legal right to offset against a depositor a note not yet matured. Jordan v. Nat. Shoe & Leather…