Merchants' National Bank v. Robinson & Co.
Court of Appeals of Kentucky
Case 84 — PETITION ORDINARY APPEAL PROM JEPPERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A bank whose depositor and debtor has made a "general assignment in insolvency, has the right to set off against the deposit any debts the insolvent depositor may owe the bank;” although such debts may not have fallen due at the date of the depositor’s assignment in insolvency. (Ky. Flour Co. v. Merchants’ National Bank, 90 Ky., 222; German Ins. Bank v. Jackson, 10 Ky.
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Case 84 — PETITION ORDINARY APPEAL PROM JEPPERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. A bank whose depositor and debtor has made a "general assignment in insolvency, has the right to set off against the deposit any debts the insolvent depositor may owe the bank;” although such debts may not have fallen due at the date of the depositor’s assignment in insolvency. (Ky. Flour Co. v. Merchants’ National Bank, 90 Ky., 222; German Ins. Bank v. Jackson, 10 Ky. Law Reporter, 1061; Morse on Banking, 2 Ed., 337; 3 Leigh (Va.), 697; Forbes & Bro. v. Cooper, 88 Ky., 285.) 2. As the depositor can not…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion oe the court.
On the 9th of June, 1892, J. M. Robinson & Co. instituted this action in the Jefferson Court of Common Pleas, against the Merchants National Bank of Louisville, alleging, in substance, that George W. Wicks & Co. executed and delivered to them, on the 2d day of November, 1891, their check on the defendant bank, by which they directed said defendant to pay to plaintiffs, or order, the sum of $215.60, absolutely and without condition. That on the 3d day of November, 1891, plaintiffs duly endorsed said check and presented the same' at the office of…
2Cases cited2 opinions
- Kentucky Flour Company's Assignee v. Merchants' National BankCourt of Appeals of Kentucky · 1890
- Graham v. Tilford & BarkleyCourt of Appeals of Kentucky · 1858
3Cited by5 opinions
- Thomas v. Exchange BankSupreme Court of Iowa · 1896
- Columbia Finance & Trust Co. v. First National BankCourt of Appeals of Kentucky · 1903
- Columbia National Bank v. German National BankNebraska Supreme Court · 1898
- Commonwealth v. Ky. Distilleries & Warehouse Co.Court of Appeals of Kentucky · 1909
- Grimm v. Columbus Savings Bank Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1924