Roberts v. First-Citizens Bank and Trust Co. , 124 N.C. App. 713 ( 1996 )

Judge Martin, Mark D.,

concurring.

I write separately to emphasize, as properly recognized by the majority, that First Citizens, like any depositary institution, possesses a common law right to setoff against a deposit any matured debts owed by a depositor. State ex rel. Eure v. Lawrence, 93 N.C. App. 446, 449, 378 S.E.2d 207, 208-209 (1989). The adoption of the Uniform Commercial Code in North Carolina does not abrogate the common law right of setoff. N.C. Gen. Stat. § 25-9-104(i) (1995) (Article 9 does not supersede “any right of setoff’). Nonetheless, as the majority concludes First Citizens waived its right of setoff in the present case, I concur in the judgment.