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ASK ACCOUNTING IN HANDLING OF ALLIANCE BANK
Receiver of First National There Sues for Proceeds of All Assets Sold.
Suit for an accounting and judgment was filed in federal court Monday by E. M. Marlow, receiver for the First National bank at Alliance, against E. H. Luikart of the state banking department and Ben Saunders, superintendent of the department.
Mr. Marlow wants an accounting of the entire proceeds of the sale of the bank assets, with the value of the assets at the time of sale and any increase in value that may since have accrued, with interest, and judgment for the amount of the total so determined.
The receiver wants the defendants required to turn over to him all the assets of the bank or else the proceeds from their sale, with interest and court costs.
The Alliance bank closed Oct. 31, 1931, and Ben Bond was the first receiver. He resigned the next July and his successor, Arthur E. Torgeson, served a year. Marlow was appointed July 1, 1933. He says share holders in the bank were assessed $100,000 and $64,666.18 was collected from the rest, the rest being defaulted because they couldn't pay any more. At that time the state department of trade and commerce, with C. G. Bliss as secretary, had appointed E. H. Luikart to handle the assets and liquidation of all failed state banks in Nebraska. He was appointed June 1, 1931 and is still functioning. Banks are now in charge of the state banking department, and Saunders is superintendent of banks. The department and Mr. Saunders are made defendants to the suit, Marlow explains, because there seems to be some likelihood that the receivership and liquidation of all failed Nebraska state banks will be turned over to them.
The Farmers State bank of Hemingford failed and was closed Oct. 12, 1931, the plaintiff recites, and Mr. Luikart as receiver, and the state department of trade and commerce deposited $16,663 in the First National bank of Alliance on Oct. 28 and opened a checking account in Mr. Luikart's name. Marlow says he doesn't know where the funds in this account came from, but has reason to believe they accrued to Luikart or Bliss in handling the receivership of the Hemingford bank.
The day the account was opened in the Alliance bank, the petition says, the bank delivered to the department of trade and commerce, as security for the deposit, certain federal land bank bonds, $14,000 from the St. Louis bank, $4,000 from the Houston bank and $2,000 from the Berkeley bank. When the Alliance bank was closed Oct. 31, there were outstanding three cashier's checks for which Luikart as receiver for the Hemingford bank was payee, in the sums of $1,702.08, $147.94 and $369.09. These sums, it is alleged, were deducted from the assets of the Alliance bank by the department of trade and commerce.
Marlow charged that this transfer of Alliance bank assets as security for the state department's or Luikart's deposits was illegal and invalid, being contrary to the laws of the United States and constituting a preferential payment. The Alliance bank had no right, he says, to pledge its assets for payment of Luikart's cashier check, and he adds that the officers of the bank took this action "knowing that it was in contemplation of insolvency." He says the creditors, depositors and share holders of the Alliance bank were damaged in the sum of $19,672 and he asks judgment in that amount. The suit is filed by Harry E. Gantz