KRAVITCH, Circuit Judge.
In a jury trial, appellee Elizarraras was awarded damages of $89,800 due to appellant bank's failure to honor appellee's check. The bank appeals the denial of its motions for a directed verdict and a new trial. The principal issues raised, inter alia, are whether a bank can have the right of setoff: (1) against a contingent debt, (2) as a subrogee of another's claim where it has neither paid the party whose rights it claims to be subrogated...
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