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KNOTTY BANK CASE ARGUED FOR COURT
Defunct Etowah Institution Seeks Note Collection.
Defendant Resists, Claiming He Had Money to Cover It on Deposit at Closing.
Another one of these knotty questions concerning bank transactions was pleaded in federal court yesterday, the question involving a transaction where a depositor in the defunct First National bank at Etowah is attempting to use the funds he has on deposit to offset his note given the bank by another as collateral.
Judge George C. Taylor took the case under advisement. The facts presented to the court in the case were:
Richard Gary borrowed $500 from the Etowah bank and to secure the loan he pledged a note for $500 which John Gentry had executed to him. Gary didn't pay his note and when the bank went into the receiver's hand, action was brought upon the collateral note (Gentry's). The suit was instituted by Receiver Francis C. Powell through Attorney Tom Taylor, of Athens. In negotiations prior to the filing of the suit Gentry claimed he was responsible for his note, but he had more than $500 on deposit in the institution when it was closed and he wanted to offset the note with money on deposit.