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MERCHANTS & MARINE BANK v. HIBERNIA BANK & TRUST CO.

No. 525.

16 F.Supp. 433 (1936)

MERCHANTS & MARINE BANK OF PASCAGOULA, MISS., v. HIBERNIA BANK & TRUST CO. et al.

District Court, E. D. Louisiana.

October 2, 1936.

Attorney(s) appearing for the Case

Ford, White & Morse (by E. J. Ford and J. I. Ford), of Pascagoula, Miss., and Taylor, Porter & Brooks (by Benjamin B. Taylor), of Baton Rouge, La., for plaintiff.

William C. Dufour, Philip E. James, and Rene J. Waguespack, all of New Orleans, for defendants.

BORAH, District Judge.

This action involves the right of plaintiff to set off its deposit balance against a certain promissory note payable to the order of the Hibernia Bank & Trust Company dated February 20, 1933, and due March 22, 1933.

The record supports the following conclusions as to the material facts: On January 21, 1933 plaintiff herein executed and delivered to Hibernia Bank & Trust Company its promissory note in the amount of $20,000, due...

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