AMES TRUST AND SAVINGS BANK v. REICHARDT

No. 50869.

121 N.W.2d 200 (1963)

AMES TRUST AND SAVINGS BANK, an Iowa Corporation, Appellee, v. Herma E. REICHARDT, Administratrix of the Estate of Charles R. Reichardt, Appellant.

Supreme Court of Iowa.

April 9, 1963.


Attorney(s) appearing for the Case

Pasley, Singer & Seiser, Ames, for appellant.

Hirschburg, Reynolds, Gilchrist & Nutty, Ames, for appellee.


MOORE, Justice.

The question presented by plaintiff bank's petition in equity for declaratory judgment is whether it had a right to apply the balance of Charles R. Reichardt's deposit as payment on his note which was unmatured and unsecured at the time of his death. Defendant administratrix contends: (1) plaintiff had no right of equitable setoff, (2) it would defeat the rights of other creditors, and (3) plaintiff waived any right to and is estopped from claiming...

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