Abraham v. National City Bank Corp.

I do not believe that R.C. 1101.08(F) acts as a time bar here, since this case is neither solely “based on” records which need be retained for only six years, nor does its determination “depend upon” such records.

It has been held that “the relationship between a bank and a general depositor is that of debtor and creditor.” Speroff v. First-Central Trust Co. (1948), 149 Ohio St. 415, 37 O.O. 98, 79 N.E. 2d 119, paragraph one of the syllabus. As was stated in People v. Jenkins (1978), 61 App. Div. 2d 705, 708, 403 N.Y. Supp. 2d 751, 753: “A depositor is a creditor of the bank and the passbook…