Legal Opinion
In Re Leon Keyser, Inc.
Supreme Court of New Hampshire
Decided May 5, 1953No. 4211PublishedCited by 14 opinions
1Opinion of the CourtGoodnow, J.
It has long been recognized that in the absence of special circumstances, the relationship between a depositor and a national bank in which he has a checking account is one of creditor and debtor. State v. National Banks, 75 N. H. 27, 29. The sums on deposit are payable by the bank on order of the depositor and on demand. The issue presented by this case is whether a creditor (the bank) holding an unmatured claim against an insolvent (the corporation) may set off that claim, upon its maturity and after the appointment of a receiver, against a debt payable by it on demand (the checking…
2Cases cited3 opinions
- Sullivan v. Merchants National BankSupreme Court of Connecticut · 1928
- Pendleton v. Hellman Commercial Trust & Savings BankCalifornia Court of Appeal · 1922
- Kasparek v. Liberty Nat. Bank of Oklahoma CitySupreme Court of Oklahoma · 1934
3Cited by14 opinions
- Davis Erection Co., Inc. v. JorgensenNebraska Supreme Court · 1995
- Glenn Justice Mortgage Co. v. First National Bank of Fort CollinsCourt of Appeals for the Tenth Circuit · 1979
- Phinney v. LevineSupreme Court of New Hampshire · 1977
- In Re SkorichUnited States Bankruptcy Court, D. New Hampshire · 2005
- Public Service Co. of New Hampshire v. New Hampshire Electric Cooperative, Inc. (In re Public Service Co. of New Hampshire)Court of Appeals for the First Circuit · 1989
9 more not listed; retrieve them via the Exa API.