STORING v. FIRST NAT. BANK

No. 8038.

28 F.2d 587 (1928)

STORING v. FIRST NAT. BANK OF MINNEAPOLIS, MINN.

Circuit Court of Appeals, Eighth Circuit.

September 28, 1928.


Attorney(s) appearing for the Case

J. M. Hanley, of Mandan, N. D. (John F. Sullivan and W. J. Sullivan, both of Mandan, N. D., on the brief), for plaintiff in error.

John Junell, of Minneapolis, Minn. (G. W. Buffington and Junell, Dorsey, Oakley & Driscoll, all of Minneapolis, Minn., on the brief), for defendant in error.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and POLLOCK, District Judge.


BOOTH, Circuit Judge.

This is a writ of error to a judgment rendered in favor of plaintiff in error, plaintiff below, but in a lesser amount than was demanded. A jury was duly waived by written stipulation filed, and the case was tried to the court. Jurisdiction was based upon diversity of citizenship. The main question relates to the validity of a set-off made by the defendant bank.

The facts were stipulated, among them the following: That the Merchants'...

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