SHERBERG v. FIRST NAT. BANK OF ENGLEWOOD

No. 16239.

222 P.2d 782 (1950)

122 Colo. 407

SHERBERG v. FIRST NAT. BANK OF ENGLEWOOD.

Supreme Court of Colorado, en Banc.

September 18, 1950.


Attorney(s) appearing for the Case

Shuteran, Robinson & Harrington, and Richard L. Banta, Jr., all of Denver, for plaintiff in error.

Lee & Shivers, Englewood, for defendant in error.


HAYS, Justice.

This is an action brought by Sherberg against the bank to recover damages allegedly occasioned by setting off against the deposit of The Ray Essert Industries, Inc., a corporation, a debt due the bank from Ray Essert individually, which deposit was made with funds furnished by Sherberg for the specific purpose of completing the construction of his home. The trial court's judgment of dismissal of the action is here for review.

The facts are that...

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