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LINCOLN NAT. BANK, ETC. v. PEOPLES TRUST BANK

No. 3-877A216.

379 N.E.2d 527 (1978)

LINCOLN NATIONAL BANK AND TRUST COMPANY OF FORT WAYNE, Appellant (Defendant below), v. PEOPLES TRUST BANK and Philip H. Wyss, Co-Administrator of the Estate of William S. Wyss, Deceased, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied September 19, 1978.

Attorney(s) appearing for the Case

Wayne L. Witmer and William F. McNagny of Barrett, Barrett & McNagny, Fort Wayne, for appellant.

Robert J. Parrish, Daniel K. Leininger of Parrish, Eggers, Larson & Burt, Fort Wayne, John R. Kowalczyk of Newkirk, Keane, Kowalczyk & Leal, Fort Wayne, for appellees.

STATON, Judge.

The action below was brought by the co-administrators of the Estate of William S. Wyss, deceased. The Estate recovered a sum of money which Lincoln National Bank and Trust Company of Fort Wayne had set off against a certificate of deposit which Wyss held in the Bank. We reverse in part.

This case raises the question of whether the Bank properly cashed checks which created overdrafts on a depositor's account, thereby entitling the Bank to set...

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