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22, charged with being one of seven men who held up the "welcome home" SECOND SUIT dinner to Magistrate Albert H. Vitale in the Bronx two months ago. IS FILED FOR for 79 years BANK RECEIVER
Out-of-State Depositor Enters Case
(Continued from Page 1) every document bearing on the Citizens bank from June 30, 1925, up to the present moment. The calling of Amos surprise move on the part of Judge James F. Glen and Judge William M. Gober, counsel for Sutton, and they want to dig out from his documents facts which they assert will have a direct bearing on the litigation and which they believe will support their claim for a federal receivership. It was said yesterday that Glen and Gober would interpose no serious objection to delay of one week, although they were unwilling to agree to delay prior to the actual presentation of the matter to Judge Akerman. Knight yesterday was formally summoned to appear. A summons similar to that served on Amos at Tallahassee Monday night also was served on Davis, but it was admitted generally that the lawyers for the receiver were more intent upon having Amos here and look at his books. is demand for his appearance which cannot be igShip Your nored.
Books Would Be Transferred
If the court should decide to embrace the Citizens bank in the receivership now in force with respect to its subsidiaries, all the books and reports in the hands of Amos would have to be turned over to the man acting under federal authroity. The same true of reports soon to be made by special auditors now at work on the books of the bank by direction of the department of justice at Washington.
None of the lawyers on either side was willing yesterday to discuss any phase of the proceeding. But it did not surprise lawyers not engaged in the case when they heard that depositor, living out of the state, had brought suit against the bank in the same way that bondholder, living out of the state, had brought suit months ago for appointment of federal receiver for the bond company, the bank's subsidiary. Meanwhile, as plans were under way for the court battle, Knight, the liquidator, went about his work, his temper unruffled by charges that he was incompetent serve solely because of his former association with the bank as director. He conferred with his attorneys about the proceedings before Judge Akermen and he conferred with them about bringing other suits against directors and stockholders for failure to meet his written demand that they come forward with an assessment in amount to the stock they actually held in the bank. In statement some weeks ago he pointed out that funds diverted from the bank for payment of preferred claims were by order of the circuit court. He said it was none his doing; he simply had to comply with the court's orders. Amos' Ouste. Asked
Amos, at Tallahassee, preparing to answer the Tampa saw by the papers yesterday morning that 300 telegrams had been laid on Governor Carlton's desk, sent and paid for by depositors of closed banks here asking that the governor call a special session of the legislature to oust him as head of the state's banking department. The depositors' association has called on Knight to resign on the ground that Mrs. Morales, New York depositor, and Sutton, the receiver of the subsidiaries, asked for it.
There was much comment yesterday to the effect that if the bank should be put in the hands of federal recelver there would be little demand for a depositors' association, but officers of that organization this with the statement that they would carry and keep on calling for a special session of the legislature. Davis and Amos left Tallahassee yesterday for Tampa, to be on hand in court this morning.
C. L. Knight as liquidator thereof, and others, are defendants, in which John B. Sutton has been appointed as receiver of certain property which your oratrix is advised and believes is actually the property of the said Citizens Bank & Trust company. Adopts Sutton's Report 3. That your oratrix adopts in full a report of the said John B. Sutton as receiver, filed in the said cause on the 7th day of February, 1930, and hereby incorporated in this bill of complaint all and singular the allegations of the said report as fully as if the same were herein set forth in haec verba: and your oratrix alleges in addition thereto the following other matters, vis.: That upon the filing of the said report this honorable court issued rule directed to the said C. Knight as liquidator of the said bank, to show cause why the receivership theretofore constituted in the said cause should not be extended to ambrace the affairs and assets of the Citizens Bank & Trust company; and your oratrix alleges that she is depositor of the Citizens Bank & Trust company, having had on deposit in the savings department at the time the said bank closed its doors, the sum of $5600, which is still on deposit in the savings department of the said bank and she has received no part thereof.
Holds Knight Incompetent
5. That C. L. Knight as liquidator "They had been here only a few of the said bank, as your oratrix is hours before went with them to the advised and believes, is wholly in- bank, introduced them to C. L. Knight, competent to administer the affairs the liquidator, and they went immeof the said bank for the reason, to work diately among others, that he was director cannot understand the attitude of the said bank prior to and at the of Mr. McCullough in such an time of its failure, as well as stock- statement. Mr. Hughes, holder therein, and that it has become the United States district attorney; necessary to the liability of Judge William M. Gober, former disstockholders to the full extent of their trict attorney, and John B. Sutton, stock in said bank, and it will also receiver for the Mortgage & become to the Bond company and Citizens Securiliability of the directors of the said ties company, have full knowledge of what did toward bringing the fedbank for and mismanageeral auditors here to investigate the ment thereof in order to create bank's affairs. fund for the payment of your oratrix should be definitely underand other depositors stood that my investigation is secret, 6. That the said C. L. Knight as the same as grand jury investigation, liquidator has been in charge of the and that my object is to determine if assets and affairs of the said bank the banking laws have been violated, for period of approximately seven and by whom, and then prosecute months, during which no dividend those responsible. My duties extend has been declared to deposino further than that." tors, and the amount they are likely to receive, if any, to the information and belief of your oratrix, Liquidator Asks Court will be trifling, and your oratrix is To Permit Compromises further and believes that the assets of the bank are being grossly mismanaged by C. L. Knight C. L. Knight, as liquidator, filed as liquidator thereof in that he is petitions in circuit court yesterday for allowing and paying out moneys on authority to compromise claims of the account of alleged preferred claims Citizens Bank & Trust which should not be paid out, and against the First Bank & Trust comthat since the bank closed and he pany of Sarasota, the Adams-Kentook charge of the affairs thereof, he nedy company and W. A. Adams, F. has delivered and turned over since B. Hull and J. A. Keith. The petitions the bank closed and he took charge were taken before Judge Harrison at of the affairs thereof, he has deBradenton. livered and over many securities held by the said bank to persons and corporations who were not entitled thereto. 7. That your oratrix is informed and believes that the extensions of the receivership heretofore constituted in the cause mentioned, so as to include and embrace the assets and affairs of the said bank, will result in the thereof, including your oratrix, receiving a greater dividend on account of their deposits and will result in fair administration of the bank's assets. 8. That the present administration is being so conducted as to conceal and cover up the bank's condition and the transactions that have taken place in connection therewith. and assets, as your oratrix is advised and believes, are being rapidly dissipated, to the prejudice of depositors and creditors of the bank. To the end, therefore, that the said defendants Citizens Bank & Trust company, corporation under the laws of the state of Florida, and C. L. Knight as liquidator thereof, may if they can show cause why your oratrix should not have the relief herein and hereby prayed, and that they may, but not under oath, answer under oath of the said defendants being hereby waived. according to the best and utmost of their several and respective knowledge, remembrance, information and belief. full, true, direct and perfect answer make to all and singular the allegations of this bill of complaint as fully as if the same were herein set forth as interrogatories and the said defendants specially interrogated in regard thereof. And in view of the promises may it please the court to order, adjudge and decree that a receiver appointed to take charge of all assets and affairs of the said Citizens Bank & Trust company and that the present receivership be extended SO as to embrace the same in the interest of all depositors and creditors of the sald bank. May it further please the court to grant unto your oratrix writ of subpoena, to be directed to the defendants Citizens Bank & Trust company, a corporation under the laws of the state of Florida, C. L. Knight as liquidator thereof, commanding them upon day certain and under a certain penalty therein to be prescribed, to be and appear before this honorable court, then and there to answer all and singular the premises and to stand to, abide and perform such orders and decrees therein as the court shall make in the premises. May it further please the court to grant unto your oratrix such other and further relief in the premises as the nature of the case may require and as unto the court shall seem meet and proper and agreeable to equity and good conscience. (Signed) FRANK T. PHILLIPS. (Signed) RICHARD D. MORALES. Solicitors for complaint.