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MEEKER v. HALSEY

No. 115.

87 F.2d 299 (1937)

MEEKER v. HALSEY et al.

Circuit Court of Appeals, Second Circuit.

January 11, 1937.

Attorney(s) appearing for the Case

Lynch, Cahn & Weed, of White Plains, N. Y. (Monroe J. Cahn and Harold M. Miller, both of White Plains, N. Y., of counsel), for appellant.

Meighan & Necarsulmer, of New York City (Burton C. Meighan, Jr., of New York City, and Louis A. Marchisio, of Larchmont, N. Y., of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a judgment for the defendants in an action against them, as executors of the endorser of a promissory note, brought by the receiver of a national bank. The defendants admitted the execution of the note, but pleaded their privilege to set off a bank deposit of the maker, the Mamaroneck Individual Laundry Inc. The facts are not in dispute. The laundry had had a deposit account in a predecessor of the plaintiff's bank, ...

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