Adler v. Scandinavian-American Bank

Citations

• 116 Wash. 484
• 199 P. 762
• 1921 Wash. LEXIS 954

Syllabus

<p>Exeoutoks and Administeatoks (146)—Set-Off and Counterclaim—Pbesentation of Claim. The right of a bank under Rem. Code, § 268, to set off the debt of a decedent to it against the deposit of the decedent in the bank would not in any way be affected or altered by the fact that the bank deposit of the decedent had been shifted to the name of his personal representative prior to the assertion of the set-off.</p> <p>Same (146)—Banks and Banking (22)—Deposits—Set-Off— Application of Deposits to Debts Due Bank. Under Rem. Code, §§ 266, 268, a right of set-off against an executor who brings action upon a claim due the deceased exists without the presentation of any claim under the statute of non-claim; and the statute of non-claim requiring an action on a rejected claim within thirty days does not apply, although a claim was presented and rejected on the set-off demand before suit by the executor.</p> <p>Same (146)—Banks and Banking (22)—Deposits—Set-Off. Where a personal representative continued the bank account of her decedent, had it changed to her own name, and deposited in the account funds coming to her as administratrix, the right of the bank to set off against the deposit a debt of the decedent to it would not extend beyond the amount of the deposit at the time of the debtor’s death.</p>