BANKS AND BANKING-SET -- OFF -- DEPOSITS IN FIDUCIARY CAPACITY

Abstract

Plaintiff, receiver for an insolvent national bank, sued to recover money deposited in defendant bank. The defendant sought to set off a deposit as trustee in the insolvent bank. Held, the set-off would be improper. The claims are not mutual. A claim in a fiduciary\u27 capacity cannot be set off against an individual debt. Thomas v. Potter Title & Trust Co., (D. C. W. D. Pa. 1932) 2 Fed. Supp. 12