Nichols v. Metropolitan Life Ins. Co.

Appellant claims that, since the insurance company acquired the note after maturity, the entire amount of the joint-account deposit should be credited as a set-off. The insurance company, appellee, resists appellant’s claim on the ground that the joint account may not be used as a set-off, either legal or equitable, for the reason that the cross-demands existing between the bank and Elizabeth K. Nichols and her husband on one hand, and between the bank and Elizabeth K. Nichols and Katharine Fox on the other hand, were not mutual, and were not in the same right.

Section 11321, General Code,…