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WILLING v. BINENSTOCK

No. 36.

302 U.S. 272 (1937)

WILLING, RECEIVER, v. BINENSTOCK ET AL.

Supreme Court of United States.

Decided December 6, 1937.

Attorney(s) appearing for the Case

Messrs. James M. Kane and George P. Barse, with whom Mr. Thomas J. Minnick, Jr. was on the brief, for petitioner.

Mr. Robert T. McCracken, with whom Mr. C. Russell Phillips was on the brief, for respondents.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

This is a suit brought by respondents in a federal district court in Pennsylvania seeking to have allowed as a set-off against the indebtedness of the partnership firm of Swinger and Binenstock to the Commercial National Bank the amount of a deposit in the bank by Swinger, now deceased, and so much of a deposit by Binenstock as might be necessary to cancel the indebtedness...

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