Little's Admr. v. City Nat. Bank
Court of Appeals of Kentucky
Case 75 — Action by C. H. Little’s Admr. against the City National Bank of Fulton fob Money Owing Plaintiff’s Intestate. APPEAL FROM PULTON CIRCUIT COURT. Judgment Dismissing Plaintiff’s Action and He Appeals.
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Case 75 — Action by C. H. Little’s Admr. against the City National Bank of Fulton fob Money Owing Plaintiff’s Intestate. APPEAL FROM PULTON CIRCUIT COURT. Judgment Dismissing Plaintiff’s Action and He Appeals. At the death of plaintiff’s decedent he had money on .deposit in the City National Bank of Fulton to his credit flor which it sued the bank. 'The bank set up as a defense that deceident and others owed it a note for $350, and it. appropriated said sum .to the payment of said note and claimed that it did so in .pursuance of a contract with deceident, which was denied by the plaintiff.…
1Opinion of the Court
Opinion op the cotjkt by
JUDGE HOBSON
Appibming.
C. H. Little died a resident of Fulton county on April I, 1900. At the time of his death he had on deposit in his own name in the Citizens’ Bank of Fulton, Ky., $547.68; and the bank held a note against him for $350, on which J. C. Bennett- and William Brown were sureties, which matured on April 2d, or the day after his death. The bank paid to his administrator $197.68, the balance of the deposit over and above the amount of the note, but declined to pay the remainder of the amount, insisting upon its right to offset the note against it. The…
2Cases cited5 opinions
- Bosler's Administrators v. Exchange BankSupreme Court of Pennsylvania · 1846
- Kentucky Flour Company's Assignee v. Merchants' National BankCourt of Appeals of Kentucky · 1890
- Pursifull v. Pineville Banking Co.Court of Appeals of Kentucky · 1895
- Knecht v. United States Savings InstitutionMissouri Court of Appeals · 1876
- Ely v. CommonwealthCourt of Appeals of Kentucky · 1837
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- In Re Estate of BrowningSupreme Court of Minnesota · 1933
- Browning v. EikenSupreme Court of Minnesota · 1933
- Jeter v. Citizens National BankCourt of Appeals of Texas · 1967
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