Dyer v. Sebrell

This action was founded on two promissory notes made by defendant to his own order, indorsed by him to the Riverside Banking Company, and upon the same day indorsed by the bank to the respondent, who was its cashier. No question arises over the making or indorsing of the notes by appellant, nor over the pleaded fact of nonpayment, but defendant, by way of counterclaim, urged as offset certain certificates of deposit of the Riverside Banking Company, which had been assigned to him before the commencement of the action for a valuable consideration. In this connection appellant insists that the…