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# DEFUNCT BANK
# CHIEFS FACE
# $261,000 SUITS
Permission to File Action Is
Given by Judge Kern in
Belmont State Case.
# CHARGE LAW VIOLATION
Cashier, President and
Directors Are Targets
in Complaints.
Superior Judge John W. Kern to-
day ordered Frank B. Ross, receiver
of the defunct Belmont State bank,
to file suits to recover $261,000 with
which to pay depositors.
Permission for the suits was
granted following the filing of a
petition by Edward Fillion, Ross'
attorney, charging George C. For-
rey Jr., president; William J. Clark,
cashier, and five other directors with
"misfeasance, malfeasance and non-
feasance."
Shortly before noon, Fillion filed
a $10,000 suit in superior court four
against Clark and the American
Surety Company of New York, and
a $1,000 suit in superior court five
against Forrey and the surety com-
pany, to collect on the officials' in-
demnity bonds.
A suit for $250,000 against the
directors will be filed shortly, Fillion
said, since the complaint now is
being prepared from information
secured by auditors.
# Suit to Hit Directors
The court order instructed Ross
to institute proceedings against
Louis P. Robinson, Ralph K.
Smith, Charles R. Keogh, Theodore
Stempfel and Elmer W. Stout, who
with Forrey and Clark formed the
board of directors.
Charges against Forrey and Clark
are contained in thirteen separate
points, with an additional para-
graph alleging that Clark arranged
a personal loan through a third
party "for the alleged purpose of
cheating and defrauding the bank
and evading the state banking
laws."
According to the complaint,
Clark, unable to obtain a loan as
an official of the bank, obtained
the signature of Fred Goepper Jr.,
on a note for $500, and made the
loan on June 30, 1926. On April 1,
1927, Goepper refused to sign a re-
newal note, the complaint says.
# Charge Loss Incurred
Clark is charged with then ob-
taining the signature of Homer
W. Sears, which is alleged to have
resulted in a loss of $430 to the
bank. The complaint alleges Clark
paid all the interest on the notes
when due and repaid $70 of the
principal.
Both Forrey and Clark are
charged with having parts in an
alleged transaction which took place
between June 30 and July 1, 1931,
involving $25,000, in an alleged at-
tempt to "bolster the financial
statement of the bank at the close
of business June 30, and deceive de-
positors.
The transaction, it is charged,
was arranged between the Belmont
bank, the Madison Avenue State
bank and the Fletcher American
National bank, whose directorate
also included directors in the Bel-
mont bank.
# Securities Bought, Sold
According to the complaint, the
Madison bank deposited $25,000
with the Belmont bank, where the
sum was carried as a demand de-
posit. On June 30, the day of the
deposit, the Belmont bank is said
to have used the money to purchase
securities held as collateral by the
Fletcher American in the amount
of $24,983.33.
The next day, July 1, the Bel-
mont bank again sold the securities
to the Fletcher bank and returned
the $25,000 to the Madison avenue
institution, it is charged.
Another charge against the for-
mer president and cashier recounts
business dealings with the J. C.
Scanlan company, whose presi-
dent, James C. Scanlan, now is
serving a term in Indiana state
prison for discounting fictitious
automobile sales contracts.
# Loans Past Limit, Claim
Loans totaling $40,000 were made
to the company, whe nthe legal
limit to one individual by state
banking law would have been only
$6,000; the suit charges.
The Scanlan Company also was
permitted to ovedraw its account to
as much as $16,418.11, on Aug. 6,
1931, it is alleged.
The former bank officials also are
charged with failure to use "dili-
gence in ascertaining true value of
notes," totaling $5,320 and given for
automobile purchases on Oct. 13,
1932, and discounted with the bank.
The notes are valueless, the suits
allege.
Other allegations are that Clark
obtained a $2,250 second mortgage
on real estate he owned and mort-
gaged for $6,250, when the actual
value of the property was insuffi-
cient to warrant the second mort-
gage.
Forrey, who also was president
of the defunct Fletcher American
Company, is charged together with
Clark with loaning money to the
security company, although know-
ing it was insolvent.
The complaints allege the Bel-
mont bank officials were "com-
pletely under the domination and
dictation of the Fletcher Ameri-
can company."