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MEYER v. IDAHO FIRST NATIONAL BANK

No. 11259.

525 P.2d 990 (1974)

96 Idaho 208

George MEYER, doing business as the Gunhaus, Plaintiff-Appellant, v. The IDAHO FIRST NATIONAL BANK, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied September 6, 1974.

Attorney(s) appearing for the Case

Derr, Derr, Walters & Cantrill, Boise, for plaintiff-appellant.

Langroise, Sullivan & Smylie, Boise, for defendant-respondent.

McQUADE, Justice.

This action arises out of a bank's set-off of the funds in a depositor's checking account against the depositor's note that was in default to the bank. The plaintiff-appellant, George Meyer, operates a repair and retail sale of firearms business as a sole proprietorship. Meyer maintained a business checking account with the defendant-respondent, the Idaho First National Bank, and in 1971 he borrowed $2,886.94 from the bank repayable in $500 monthly...

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