Roberts v. First National Bank

The sole question involved in the present case is whether or not, under the agreed statement of facts, a set-off was permissible, and whether or not the court erred in directing a verdict for the defendants.

In October, 1907, Roberts & Maxwell, a partnership composed of W. W. Roberts and H. R. Maxwell, had a deposit in the Bank of Cartersville, Cartersville, Georgia, in the sum of $744.60, representing three separate prior deposits from an undisclosed source. Maxwell was also a member of another partnership, Maxwell Brothers, and it was agreed between the members thereof that such partnership…