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RECEIVER OF BANK IS DISCHARGED BY COURT All Night and Day Institution Figures in Three Legal Proceedings Court porceedings involving the All Night and Day bank yesterday were the discharge of the receiver of the institution, the dismissal of a notice of appeal in the matter and the filing of a suit for damages against the concern. Judge Conrey discharged the, Title Insurance and Trust company as receiver in the action of Hugh Blue, trustee, against the bank, asking no accounting of its management. It was ordered only to return to the bank the certificate for the 1155 shares of capital stock in the concern, which has been the bone of contention between two financial factions fighting for the control of the institution, and which left the possession of the original directors of the bank when it was pledged to secure a loan of about $120,000. It was because of the loan, which never was returned, and the consequent sale of the stock, that the suit of Hugh Blue, who as trustee bought the stock, against the old directors of the bank, headed by Newton J. Skinner, president, was begun. Then followed various other actions in which the Skinner faction was opposed to the new set of officers, headed by L. C. Brand. The dismissal of the notice of appeal in the case of Blue against the bank, in which he sought to have the old officials credit him on their books with the 1155 shares of stock; the discharge of the receiver; the return of the stock, as Blue desired, to the bank, and the recent decision of Judge Hervey to the effect that the new directors are in rightful possession of the institution, indicate that there is at least a temporary cessation of hostilities. The suit for damages against the institution filed yesterday was that of E. Milton White, he asking $1000 because the bank is alleged not to have cashed a check he drew upon it. White, who is a mining engineer and the superintendent," general manager and, acting treasurer of the Warrior Copper company, the property of which is situated at Black Warrior, Ariz., claims he had more than enough funds in the All Night and Day bank September 11, 1910, when he drew a check for $40 in favor of Mrs. M. L. White and caused it to be delivered to her at her residence in Philadelphia. She indorsed it and gave it into the Centennial bank of Philadelphia for collection. That institution forwarded it to the Crocker National bank in San Francisco. That concern sent it to the First National bank of Los Angeles. A representative of the last named institution called at the All Night and Day bank to have it cashed, only, it is alleged, to be refused on the ground that White did not have sufficient funds in the bank to cover the check. The check was returned from the All Night and Day bank to the First National bank; from there to the Crocker National bank. and from there to the Centennial National bank. That institution gave it a kick in the direction of Mrs. White, and she gave it another buffet by returning it to White, the drawer. White declares he has been dishonored because of the coldness with which his check has been treated, and that he has been to great expense to right matters. He wants $1000.
