Kanter v. Security Trust Co.

The opinion of the court was deKvered by

Parker, J.

The trial court struck out the answer and counter-claim, and entered judgment for the amount of plaintiff’s claim with interest.

The essential facts, with perhaps one exception, are stipulated. The question of law relates to the right of set-off.

Plaintiff is executrix of the will of Joseph Kanter, deceased, who died October 20th, 1930. At the time of his death he was indebted to the defendant on a note for $1,000 which matured on the day after he died, and on another note for $2,000, which matured December 8th, 1930. It does not appear that…