Click image to open full size in new tab
Article Text
STUDY RULING HOLDING WILD BANK SOLVENT Bank Commissioners Are Scored by Judge for Closing Doors. County prosecutors today scrutinized the ruling of Superior Judge Linn D. Hay, in which he held the J. F Wild & Co. State Bank sol- vent when the doors were closed by state bank examiners in July, 1927. Hay's opinion on the solvency of the institution was contained in his dec. ee given Wednesday on the $100,000 in "accommodation notes" made by three Indianapolis business men, two of whom have since died. In this case Richard L. Lowther, receiver of the bank, was seeking to have the court declare the notes assets, to be sold in liquidating the bank's debts, but Hay held the makers of the notes were not liable. Bank Commission Scored Prosecutor Judson L. Stark, who, with Homer Elliott, special prosecutor, is conducting a second investigation into the bank's closing, said that since the first question to be decided in this probe was whether or not the bank was insolvent, the court's ruling "will be interesting to us." Hay criticised bank commissioners for not "giving more consideration" to the situation before demanding a receiver. "It would have been better for depositors and creditors of the bank, had a receiver not been appointed and officers and directors of the bank been given more time to work out the condition of the bank without the sacrifice necessary to liquidate the receivership," the court said. "The bank might have tided over the condition if a little more consideration had been given by the bank examiners to the interest of creditors and depositors." Surplus Was Possible Lowther brought the suit to collect the notes from the estate of the late Robert I. Todd and John J. Appel, and Frank M. Millikan. Lowther maintained that the bank would have been closed, had not the notes been used to "bolster" the bank's assets. Frank B. Ross, attorney for Lowther, said within a few days a new trial will be asked and added that the court's ruling will have no effect on the receivership which was granted in probate court. Hay also held that if $100,000 in city school bonds, that were transferred to another local bank on order of bank examiners, had been retained in the Wild bank there would have been no danger of insolvency. He said these would have balanced the $100,000 in "accommodation notes" and the bank, according to testimony given in the case "should then have had a surplus of at least $38,000." Note Makers Not Liable The court pointed out that the surplus figure might have been as high as $96,000, if other items had been considered. The makers of the notes could not be held liable for any alleged attempt to defraud depositors by boosting the bank's assets with the notes, the court said, because the notes, when made with John F. Wild, president, were "merely for accommodation purposes and for no other." Luther F. Symons, state bank examiner, stated, following the ruling. that there was "no question that the bank was in a failing condition when it was closed." Oral arguments on the petition of Mrs. Frieda P. Harrington, Evanston, Ill., a preferred stockholder, to remove Lowther as probate court receiver for the J. F. Wild Realty Company will be heard in federal court at 11 a. m. Friday.