WALTER v. NATIONAL CITY BANK

No. 74-825.

42 Ohio St. 2d 524 (1975)

WALTER, APPELLEE, v. THE NATIONAL CITY BANK OF CLEVELAND, APPELLANT.

Supreme Court of Ohio.

Decided June 25, 1975.


Attorney(s) appearing for the Case

Mr. Gary B. Kabat, for appellee.

Mr. Craig W. Smith, for appellant.


STERN, J.

The appellant bank claims a right of equitable setoff of an unmatured indebtedness of its depositor, as against a judgment creditor seeking to reach the depositor's account by an order in aid of execution. Appellant concedes that it has no statutory right of setoff under R. C. 2309.19.

Setoff, both at law and in equity, is that right which exists between two parties, each of whom under an independent contract owes a definite amount to the other,...

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