Walter v. The National City Bank Of Cleveland

330 N.E.2d 425 (1975)

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Nature of the Case

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Facts

P sued D for civil conversion. D used the monies in Ritzer’s checking account to set-off an unmatured debt owed by Ritzer to D. P claimed a priority over D to the funds in Ritzer’s bank account with D because P had a judgment against Ritzer and P had a garnishment order to collect that judgment. The negotiation of the 90-day promissory note to Ritzer occurred after the date upon which, D itself asserts, Ritzer's balance sheet showed the company to be insolvent. When D was served with P’s garnishment order the note due from Ritzer to D was not yet matured. In response to the garnishment order, D sent a letter to the court that it was setting off the amount and after the set-off, just $25.50 was left, which D graciously sent to the court. P claims that D had no right to a set-off of an unmatured note. The trial court agreed and granted P summary judgment. D appealed.