Phillips v. First Nat. Bank

The action is by the administratrix of her intestate against the defendant, appellee, to recover money on deposit with the defendant bank to the credit of intestate at the time of his decease. Besides the general issue, the defendant interposed plea 3, a plea of set-off, which reads:

“The defendant for answer to the complaint and to each count thereof separately and severally says that, as a defense to the cause of action stated in said count at the time said action was commenced, the plaintiff was indebted to defendant in the sum of $140.75 by an implied promise to pay defendant said sum,…