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BANK PREFERENCE CASE AGAINST LOUIS ENDED CLAIM ALLOWED Stipulation Sets Forth That Nor. folkan Had No Intention to cure Preference and No Knowledge of Bank's Condition The first settlement in nine ference cases recently filed by H. Luikart, in charge of the defunct Citizens State bank of Win side, against and customers the institution, was effected in district court Wayne county yesterday before Judge Clinton Chase. The case settled when the court decreed that Louis Mittelstadt, Norfolk, pay to the plaintiff that deliver the re ceiver the $2,238 note of James Jensen, and that there be allowed against the receiver and the assets the bank Mittelstadt's claim in the sum $2,321.20. In the stipulation it was pointed that prior to Aug. 25, 1932, Mit telstadt depositor in the bank and owned certificate in the sum of $2,500. At that time the certifiwas due, and previously Mittelstadt had informed the bank that he wanted his money, the stipulation states. Gave Note In Payment On Aug. 25, 1932, court informed, the bank paid Mittelstadt for the certificate of deposit using as part of the payment the promissory note of Jensen, which had accrued interest in the sum the principal and interest amounting The stipulation further sets forth that the time of the transaction had "no knowledge of the financial condition of bank, had information which would cause him to believe that its capital had been impaired and that in the transaction he had no intention secure preference lawfully deprive other creditors their proper share of the bank's assets and securities. also states that Mittelstadt no intention to appropriate and benefit the said note against the proper interests any other depositors in the Made Income Tax Report the interest he collectupon note his, and having knowledge that questioned any manner, Mittelstadt reported the federal ernment for income taxes, the stipulation In stipulation Mittelstadt stated he was ready pay to the receiver sum of which he collected on the note, and deliver to the receiver Jensen's new note. Other defendants in the case James Jensen, Arthur Schmale, Julius Schmode and Gottlief Haller, the last three being officers of the bank. Frank Warner, Norfolk, attorney for in court when the case settled.