Will M. Gillis v. Miners and Merchants Bank of Alaska, a Corporation

Will M. Gillis sued Miners and Merchants Bank of Alaska to recover $11,-225. He alleged that funds in that amount, owned by him, had been wrongfully withheld by the bank. In a second cause of action he sought $25,000 as damages claimed to have been sustained by reason of the asserted conversion of $11,-225.

The bank denied the essential allegations of the complaint. It also counterclaimed for a sum equal to or exceeding $11,225 on alternative theories of restitution, unjust enrichment, and subrogation. The gist of these counterclaims was that the bank was entitled to set off this $11,225 in payment of a claim which the bank had against Gillis as a result of an unrelated transaction.

Summary judgment was entered for the bank on its counterclaims in the sum of $11,225 and attorney’s fees. In this judgment it was recited 'that the bank had in its possession $11,225 which belonged to Gillis. It was provided in the judgment that the bank might apply this $11,225 in satisfaction of its judgment on the counterclaims.

Gillis appeals. He argues that the case-should not have been disposed of by summary judgment because there was a genuine issue as to a material fact.

A summary judgment…