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CHICKERNEO v. SOCIETY NATIONAL BANK OF CLEVELAND

No. 78-697.

58 Ohio St. 2d 315 (1979)

CHICKERNEO, APPELLANT, v. SOCIETY NATIONAL BANK OF CLEVELAND, APPELLEE.

Supreme Court of Ohio.

Decided June 13, 1979.

Attorney(s) appearing for the Case

Dworkin & Bernstein Co., L. P. A., Mr. Melvyn E. Resnick and Mr. Michael Goren, for appellant.

Messrs. Thompson, Hine & Flory, Mr. S. Stuart Eilers and Ms. Barbara J. Arison, for appellee.

PAUL W. BROWN, J.

The nature of a bank's right to setoff was described by this court in Bank v. Brewing Co. (1893), 50 Ohio St. 151, at pages 158-159, as follows:

"It is said to be a well settled rule of the law merchant, that a bank has a general lien on all the funds of a depositor in its possession, for any balance due on general account, or other indebtedness contracted in the course of their dealings, and may appropriate the funds to the...

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