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SEEK TO RECOVER $1,000,000 FOR BANK DEPOSITORS
Receiver for N. W. Trust Files Claim in Court.
Judge Robert E. Gentzel of the Su. perior court will be asked today to decide whether the transfer of $1,000,000 of assets of the North Western Trust and Savings bank, now in receivership, to the North Western Se. curities company, an associated cor. poration, was legal. In effect, the question at issue is whether the assets of the North Western Securities company belong to the stockholders of the bank, which was closed on June 10, 1931, or to the bank depositors. The securities affiliate is operated by former officers of the bank as trustees for the bank stock. holders. The transfer of assets was made six months before the bank's closing.
Calls Transfer Illegal. A petition filed Saturday by David E. Shanahan, receiver of the bank, stated that Mr. Shanahan had been informed by the state's attorney's office that this transfer of assets and a reduction of of the seto the bank were 11legal because they were to the bank. The receiver further alleged that if the 000 of assets transferred had been properly accounted for on the books there would have been no funds available to pay dividends of 000 on Jan. and that under the Illinois banking laws the dividend payment was illegal. The same claim is made in regard to $15,000 dividend to bank stock holders on April 1, 1931. Benefit of Depositors. Altogether Mr Shanahan is requesting that Judge Gentzel order total of 170 assets and cashturned over to him for the benefit of the depositors of the North Western bank This sum is made up of the
1,000,000 of transferred assets; $120,354 which, it is alleged, was the reduction the indebtedness made by the bank for the benefit of the North Western Securities company; $10,000 which the securities company collected on loan that was in the transferred $1,000,000 and retained for its own uses, and the $40,000 in dividends. The last item is sought from bank stock. holders; the remainder from the securities company and its officers. The involved story of the transfer of the $1,000,000 from the bank to the securities affiliate is detailed in the petition of Mr. Shanahan. The document stated that on Nov. 28, 1930, the bank directors authorized a reduction in the capital stock of the institution from $1,250,000 to $625,000. Also, the directors at the same time made the transfer of the $1,000,000 of assets, called slow and undesirable," to the securities concern. Writes Off $1,000,000.
By reducing the capital stock $625,000 and taking $375,000 from the undivided profits account the $1,000,000 was thus written off as bank assets and the North Western Securities company became the owner. It was stated that the securities company had assets of a sort-and its liabilities were all to the bank stockholders. This arrangement was approved by vote of the stockholders. On Jan. 13, 1931, the North Western Trust and Savings bank increased its capital stock from $625,000 to $1,000,000 and offered its stockholders the right to purchase an additional 3,750 shares, prorated according to their holdings then, at $200 share. The petition of Mr. Shanahan stated that in the transfer of assets from bank to securities company the latter received $879,645 in notes and mortgages of persons other than the securities company. At that time the securities affiliate owed the bank $170,000.
Debt Is Settled. This debt was settled by allowing the securities company to take back its own note and to issue obligations to the amount only of $49,645. Thus the round million figure was reached and the securities company's indebtedness to the bank slashed by $120,355. was admitted in the petition that while Assistant State's Attorney Henry E. Ayres regarded the transactions between bank and affiliated company as illegal, other legal experts were of opinion that no illegality had occurred. The North Western Securities company is now also in the hands of a receiver, who has refused to admit that the depositors have any claims against the transferred $1,000,000 of assets. Judge Gentzel is requested to inform Mr. Shanahan what he should do.