Cleveland Trust Co. v. Crothers

OPINION

By LIEGHLEY, PJ.

The single question presented to us for decision is whether or not the Bank had a right to set-off and apply this deposit of Mrs. Stevens on her past due debt secured by mortgage after service of an order in aid.

We shall not extend this opinion to the great length that would be required to cite and comment on the many decisions called to our attention.

The law is settled in this State that the ^relation of a depositor and a bank is that of debtor and creditor. The leading case is Bank v Brewing Company, 50 Oh St 151, the syllabus of which follows:

“1. Money received by a…