Legal Opinion
Sullivan v. Merchants National Bank
Supreme Court of Connecticut
Decided December 18, 1928PublishedCited by 18 opinions
1Opinion of the CourtWheeler, C. J.
The single question for decision is as to the right of the defendant bank to set off against the deposit of the insolvent decedent with it the amount due on two promissory notes of the insolvent held by it and not due at his death.
Under the common law, where two persons held mutual debts against the other each must be prosecuted separately. The right of set-off of mutual debts was a doctrine of courts of equity, which came to hold that mutual debts should be set off against each other and only the balance recovered. Its foundation was “the prevention of circuity of actions,” and its allowance…
2Cases cited17 opinions
- Scott v. ArmstrongSupreme Court of the United States · 1892
- Schuler v. IsraelSupreme Court of the United States · 1887
- Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
- Fera v. . WickhamNew York Court of Appeals · 1892
- Nashville Trust Co. v. BankTennessee Supreme Court · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Normand Josef Enterprises, Inc. v. Connecticut National BankSupreme Court of Connecticut · 1994
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Savings Bank of New London v. SantanielloSupreme Court of Connecticut · 1943
- Equitable Life Assurance Society of United States v. SladeSupreme Court of Connecticut · 1937
- Ames Trust and Savings Bank v. ReichardtSupreme Court of Iowa · 1963
13 more not listed; retrieve them via the Exa API.