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BANK RECEIVER ACTION IS AGAIN IN CIRCUIT COURT
ARGUMENTS HEARD IN LITIGATION GROWING OUT OF ATTEMPT TO SEPARATE ASSETS OF ONE OWENSVILLE BANK FROM THOSE OF ANOTHER
The case of Paul Braselton, as re- ceiver for the First State bank of Owensville against Forman E. Knowles as receiver for the Owensville State bank: Warrick Johnson, Albert W. Thompson and James R. Montgomery as trustees for shareholders of the Owensville State bank: representatives of stockholders of the Old State bank: certificates of deposit in the Old State bank and depositors of the same bank. an action seeking an accounting of assets, came up again in circuit court today, before Special Judge S. L. Vandeveer. The case has been pending for some time and on June 25 the Gibson county board of finance was granted permission to be made party defendant. Several Issues Involved The case is considerably involved However, the principal point sought by the plaintiff to have assets of the First State bank at the time the two banks joined, separated from the combined assets and restored to the First State bank. This is sought under the theory that there was no bona fide merger but that the Old State at tempted to buy the First State bank. The resulting bank. known as the Ow ensville State bank, closed its doors last December. Under the merger theory the original assets of the First State bank would be assets of the Owensville State bank and could be levied against by the receiver of the closed institution. Arguments were heard today on a demurrer the complaint. Both sides seemed to admit that there was no law providing for merger of the two state banks. The defense, however, held that whether the result ing bank. which operated under the charter of the Old State bank was "de jure," "de facto" or simply a partnership. it did business as bank none the less and that all who entered into its operation were equally bound.