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FLEMING v. BANK OF VIRGINIA

Record No. 830421.

343 S.E.2d 341 (1986)

Donna M. FLEMING, Guardian, etc. v. BANK OF VIRGINIA.

Supreme Court of Virginia.

April 25, 1986.

Attorney(s) appearing for the Case

Christopher M. Malone (C. Grice McMullan, Jr., Thompson & McMullan, Richmond, on briefs), for appellant.

John Jay Range (Joseph C. Kearfott, Hunton & Williams, Richmond, on brief), for appellee.

Present: CARRICO, C.J., COCHRAN, POFF, COMPTON, STEPHENSON and RUSSELL, JJ., and GORDON, Retired Justice.

RUSSELL, Justice.

This appeal tests a bank's right of setoff against a depositor's account. Donna M. Fleming, as guardian for her grandmother, Alma S. Elliott, brought this action against Bank of Virginia to recover $13,286 of Mrs. Elliott's funds on deposit with the bank, which the bank had seized to satisfy a debt owed by another. The case came to jury trial, but at the close of the plaintiff's case the court ruled as a matter of law that the plaintiff was not entitled...

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