Salladin v. Mitchell
Nebraska Supreme Court
Appeal from the district court of Seward county. Heard below before Smith, J. The opinion contains a statement of the case. A depositor in an insolvent bank, who also owes it for borrowed money, cannot set off his deposit against such debt, although the deposit consists of the borrowed money. (Hannon v. Williams, 34 N. J. Eq., 255; Bunnell v. Collinsville Savings Society, 38 Conn., 203; Hillier v. Allegheny Mutual Ins. Co., 3 Pa.
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Appeal from the district court of Seward county. Heard below before Smith, J. The opinion contains a statement of the case. A depositor in an insolvent bank, who also owes it for borrowed money, cannot set off his deposit against such debt, although the deposit consists of the borrowed money. (Hannon v. Williams, 34 N. J. Eq., 255; Bunnell v. Collinsville Savings Society, 38 Conn., 203; Hillier v. Allegheny Mutual Ins. Co., 3 Pa. St., 470; Lawrence v. Nelson, 21 N. Y., 158; Stockton v. Mechanics and Laborers Savings Bank, 32 N. J. Eq., 163.) The property and assets of a banking corporation,…
1Opinion of the CourtPost, J.
This was a foreclosure proceeding in the district court for Seward county by the appellant as assignee for the benefit of the creditors of the Northwestern Banking Company of Milford. The mortgage in controversy was executed by the defendant Mitchell and wife and covered certain lands in Seward county. The defendants filed separate answers, from which it appears that shortly before the failure and assignment of the banking company in the month of January, 1889, Mitchell sold the mortgaged premises to his co-defendant, Borchers, the latter by written agreement undertaking to pay therefor as…
2Cases cited15 opinions
- Carr v. HamiltonSupreme Court of the United States · 1889
- Schuler v. IsraelSupreme Court of the United States · 1887
- Rothschild v. . MackNew York Court of Appeals · 1889
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Smith v. . FeltonNew York Court of Appeals · 1871
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3Cited by6 opinions
- Williams v. JohnsonMontana Supreme Court · 1914
- Lancaster County Bank v. GililianNebraska Supreme Court · 1896
- Nebraska National Bank of Omaha v. PennockNebraska Supreme Court · 1898
- State ex rel. Sorensen v. Farmers State BankNebraska Supreme Court · 1934
- Bank of Leipsic Co. v. KreinbrinkOhio Court of Appeals · 1935
1 more not listed; retrieve them via the Exa API.