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MATTER OF TAXES OF BOB DANCE CHEVROLET

No. 8327SC390.

313 S.E.2d 207 (1984)

In the Matter of the TAXES OF BOB DANCE CHEVROLET, 1978 South New Hope Road, Gastonia, North Carolina.

Court of Appeals of North Carolina.

April 3, 1984.

Attorney(s) appearing for the Case

Mullen, Holland & Cooper by Eugene A. Reese, Jr., Gastonia, for appellant Branch Banking and Trust Co.

Stott, Hollowell, Palmer & Windham by Jeffrey M. Trepel, Gastonia, for appellant Gaston County.

Whitesides, Robinson & Blue by Arthur C. Blue, III, Gastonia, for appellee City of Gastonia.

ARNOLD, Judge.

Branch Banking and Trust Company contends that the trial court erred in failing to find that it had a right of setoff in the account of Bob Dance Chevrolet which had priority over the "order and levy" by the Gaston County tax collector and the "notice of attachment and garnishment" by the City of Gastonia tax collector. We agree and order this case reversed.

The right of setoff has been defined as the right of a bank "to apply the debt due by...

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