Supreme Court of Ohio
330 N.E.2d 425 (1975)
Ritzer of Austria, Inc. (Ritzer) had a commercial bank account with the National City Bank of Cleveland (National) (defendant). Ritzer executed a 90-day promissory note to National in exchange for a loan. The note stated that the note would become due after 90 days or if Ritzer failed to pay. At that time, Ritzer’s balance sheet showed Ritzer to be insolvent. Robert Walter (plaintiff) obtained a judgment against Ritzer in another case and attempted to garnish Ritzer’s bank account. National instead used the funds in Ritzer’s bank account to set off the amount due on National’s loan to Ritzer, even though the note was not yet due. National’s rules and regulations provided that National had the right to apply any account balance to any indebtedness regardless of whether the debt had become due. Walter brought an action against National. The trial court entered summary judgment in favor of Walter, and the court of appeals affirmed. National appealed.
Rule of Law
Holding and Reasoning (Stern, J.)
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