Bieringer-Hanauer Co. v. Cosmopolitan Trust Co.

When the bank commissioner, Joseph C. Allen, took possession of the Cosmopolitan Trust Company under the liquidation statute, he found among the assets of the savings department a note of the plaintiff for $9,000 dated September 7, 1920, and payable to the order of said trust company. WThen this note became due, on January 7, 1921, the plaintiff had on deposit in the commer*75cial department the sum of $6,206.82. It then tendered to the agent of the bank commissioner a check on the trust company for that balance, and also the sum of $2,793,18, the difference between the amount on deposit and the…