Logourl black
From our private database of 14,200+ case briefs...

Walter v. National City Bank

Supreme Court of Ohio
330 N.E.2d 425 (1975)


Facts

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

Issue

Holding and Reasoning (Stern, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 251,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.