Harris v. Esterbrook

MISER, C.

On January 13, 1926, respondent Esterbrook executed and delivered to Moody County Bank his negotiable promissory note for $221.50, due April 1, 1926. On January 18, 1926, appellant Harris bought the note from the bank, paying face value and accrued interest therefor, and received the note. It was never indorsed 'by the bank. On May 22, 1926, the bank was taken over by the superintendent of banks for liquidation. On the clay of the transfer respondent had on deposit $7.94. When the bank sus*540pended, respondent had $133.22 on deposit. Respondent claimed the right to set off the $133.22…