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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' 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.

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