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Demands Made On Fergus Bank Board For Return Of Securities
Alleging that the directors of the First National bank in a resolution withdrawing from the general assets of the bank $755,000 in securities acted illegally and fraudulently in protecting their personal sureΕ£ies given to indemnify Fergus county and the city of Lewistown against loss of deposits, and for the further reason that the directors had been informed by the comptroller of currency that the bank was in an unsound condition; F. D. Williams as receiver of the bank has filed suit in federal court here against the bank's stockholders and directors, says the Great Falls Tribune. The receiver asks for the return of $200,000 of Fergus Securities company capital stock, or the equivalent, and for an injunction restraining the bank directors from disposing of the stock in any other way. It is cited in the complaint that the bank suspended December 10, 1923, that February 28. 1923, an indemnity bond for $700,000 was executed'to insure Fergus county deposits in the bank, the directors as sureties making themselves liable personally for amounts ranging from $10,000 to $80,000; that June 15, 1923 a bond for $75,000 was executed in behalf of the city of Lewistown. Further, it is cited that on October 13, 1923, the directors adopted a resolution withdrawing from the general assets of the bank $755,000 in securities to protect these deposits. The plaintiff alleges that at the time this resolution was adopted an assessment of 78 per cent on the capital stock of the bank, made by the comptroller of currency to repair the capital of the institution, had not been met, and that plans for reorganizing the finances of the bank by personal contributions or payments the stockholders had failed. The receiver asks the court to declare this resolution null and void, contending that it protected the sureties and that the withdrawal of the securities gave the county and city accounts unwarranted preference over other accounts. Following are the defendants in the action: W. J. Johnson, Peter J. Osweiler, George J. Wiedeman, James, B. Elliott, Martha S. Waite, Andrew Fergus, H. C. Brown, T. C. Sherman, J. E. Lane, E. C. Sweitzer, J. E. Woodard, David Hilger, Austin R. Warr and H. C. Otten as sureties; W.J Johnson, George J. Wiedeman, James B. Elliott, Andrew Fergus, H. C, Brown, T. C. Sherman, J. E. Lane, E. C. Sweitzer, J. E. Woodard, C. R. McClave, Peter J. Oswelder, O. W. Belden, Donald S. Waite, David Hilger, Austin R. Warr, T. F. Taylor and J. L. Steinbreriner as directors: W. J. Johnson, Peter J. Osweiler and George J. Wiedeman as depositories, and E. K. Matson as administrator of the estate of George M. Stone. deceased, a stockholder. It is alleged that the securities, after withdrawn by order of the resolution, came into the hand of Johnson, Wiedeman and Osweiler, who have turned over to the receiver all but the $200,000 in stock which the suit seeks to recover, and that they refuse to turn over this stock.