
    Farmers National Bank of Madison, appellee, v. S. D. Worden, appellant.
    Filed January 7, 1914.
    No. 17,425.
    Banks and Banking: General Deposit: Pleading: Demand. In an action by a bank on a promissory note, an answer pleading a set-off for bank deposits does not state facts sufficient to constitute a cause of action in favor of defendant, without alleging that, at time the suit was commenced, a demand for the deposits had been made, or waived, or shown to be unnecessary. Citizens State Bank v. Worden, p. 58.
    
      Appeal from the district court for Boone county: George H. Thomas, Judge.
    
      Affirmed.
    
    
      H. 0. Vail, F. A. Doten and F. D. Williams, for appellant.
    
      M. B. Foster and A. E. Garten, contra.
    
   Rose, J.

This is a suit on three promissory notes. S. D. Worden, maker, and J. J. Carey, payee, are defendants. Plaintiff is Carey’s assignee. In his ansAver Worden pleaded a set-off for bank deposits, but failed to allege facts shoAVing that he had made a proper demand. From a judgment in favor of plaintiff for $3,920.29, Worden has appealed.

The decision is controlled by the principles announced in Citizens State Bank v. Worden, ante, p. 53, and, for the reasons stated in the opinion therein, the judgment belOAV ÍS

Affirmed.

Letton, Fawcett and Hamer, JJ., not sitting.  