
    SET-OFF ON CLAIM OF INSOLVENT BANK.
    Common Pleas Court of Licking County.
    A. A. Stasel, Receiver of The Newark Savings Bank Co., v. G. C. Daugherty.
    Decided, January Term, 1907.
    
      Banks and Banking — Receiver—Set-off—Promissory Note — Rights of Depositor.
    
    The maker of a promissory note held hy the receiver of an insolvent bank has no right to set off a deposit in the bank standing in his name as executor.
    
      A. A. Stasel, for plaintiff.
    
      Eibler & Montgomery, contra.
   Seward, J.

(orally).

This case is submitted to the court upon the pleadings and the evidence. I might say that there is,, substantially, an agreed statement of facts in the case.

This is a suit brought by Stasel, as receiver, v. Daugherty to recover on a promissory note. Daugherty files an answer setting up what is claimed to be a set-off, he having been a depositor in the bank of which Stasel is receiver. That deposit is in the name of Daugherty, as executor of Hickey.

The question is whether Daugherty has a right to set off this claim which he has' against the bank as executor.

The court does not think he has, and there may be a judgment for the plaintiff. Motion for new trial overruled.  