Jack v. Klepser

Citations

• 196 Pa. 187
• 46 A. 479
• 1900 Pa. LEXIS 499

Syllabus

<p>Banks and banking — Set-off—Deposit—Promissory note.</p> <p>Where anote given by a depositor to a bank is not due at the time of the failure of the bank, the depositor may, after the note becomes due, set off the amount of his deposit against the note.</p> <p>Partnership— Set-off — Joint claim.</p> <p>A joint claim may be set off by one of the owners in an action against him for his own proper debt, provided he has the express assent of his co-partners, and there are no third interests to be prejudiced.</p> <p>Partnership — Set-off—Banks and banking — Deposit—Promissory note.</p> <p>Where a deposit in a bank at the time of the bank’s failure is the property of two partners, and subsequently one of the partners assigns his interest in the deposit to his copartner, the latter may set off the deposit against a note held by the bank of another partnership of which he is a member.</p>