Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-01-19
4, II. NININGER & co.

A Suit brought by tho Assignee to Com
pei the Merchants National Bank of st.
Paul to Account for all Money held by
1t Belonging to the Above Firm and
Pay 1t Over.
Messrs. O'Brien & Wilson filed in the dis
trict court yesterday the papers in the case of
Alexander Harding, assignee of A. Ramsey
Nininger and Charles W. Savage, partners
as A. R. Nininger & Co., and partners under
the firm name and style of the Bank of Miles
City, against The Merchants National Bank of
st. Paul.
WHAT THE COMPLAINT SAYS.
The complaint alleges that for more than a
year before the Sth day of December last one
A. Ramsey Nininger and Charles W. Savage
were co-partners engaged in and doing gener-
al mercantile business at Miles CITY, Montana,
under the firm name of A. r. Nininger Co.,
and at the same time were also engaged in
carving on general banking business, under
the same firm name; that the defendant is a
national bank doing business at st. Paul under
the United States laws; that the firm of A. K.
Nininger & Co., doing business as the Bank
of Miles City, from time to time deposited
with and kept in the hands of the defendant
different and large amounts of money which
were the moneys of the copartnership, known
as the Bank of Miles City, and which were by
them deposited with the defendant and were
by them drawn against and used in their bust.
ness of banking and in the sew.
eral branches thereof, including the
business of buying and selling exchange, and
that said bank of Miles City, during said times
and continuously from time to time deposited
with the defendant sundry large sums Of
xrhi oh 1uc defendant nlqppd
| to their credit, and against which the bank o
Miles City, did from time to draw by check OF
| bill of exchange, or other means common anG
usual, the defendant in that behalf acting al
correspondent and dsposltor, and as the agen'
of the bank of Miles City; that the balancel
of moneys of the bank of Miles City in thu
| hands of the defendant, continually changed
and fiuciuated; that on the LIST day OF December
| last there was deposited by the bank of Mile'
city, with the defendant, the sum OF $40, 959.2
which sum was the accumulation OF sundr.
deposits made with the defendant by the Bank
of Miles City before that time, and was tn
balance standing to the credit of the Bank o.
| Mites City on the books of the defendant, owe
and above the checks and drafts or bills of ex
change which had been presented to the de
PENDANT against the deposit up to that time
and that during November and December las
and up to the date of the making of the as
signment, there was forwarded by the Bank o
Miles City and deposited with the defendan
forwarded and deposited with the defendant
and including the balance remainin,
with the defendant from former deposits
made by the Bank of Miles City with it o
s31 ,23S. SO; that against the deposit and prio
to the making of the assignment, the Bank o
Miles City had issued checks or drafts to tn
amount in the aggregate of 1893. 35, bu
whether these drafts were paid the plaintiff
| says he does not know, and that he is unabi
to state the exact amount of money that tn
Bank of Miles City has now on deposit wit
the defendant, but AYERS, that according to hi
best knowledge and belief, the balance due tn
Bank of Miles City exceeds $4,000.
The plaintiff then recites the assignment
made by A. r. Nininger & Co., to the plaintiff
and his acceptance of the trust, an
that he is performing his duties as sue
assignee; that he notified the defendan
of the assignment, and demande
of the defendants statement of the money DE-
posted by the assignors, and the paymen
thereon to the plaintiff, that the defendent ha
wrongfully neglected and refused to make t
the piaiutiff any tatemeut or render to hlI
any account of the money or to furnish hiI
| with ANY information concerning the same
and sr' ngfuily refuses to pay over to tn
| pant fl the money belonging to the firm c
Ar Ninninger q Co.
| Wherefore the plaintiff demands judgmen
| against the deff ndant, and asks that he ma
he required by the conrt to account TO th
plaintiff for the moneys, property or credits s
in its hands belonging to the assignors of th
plaintiff as the Bank of Miles City and to thi
plaintiff as the assignee of the assignors, an
that npon this statement and accounting th
plaintiff have judgment against the defendar
for the moneys, property and credit so on d.
post with it and in its hands, together wit
the interest thereon, from the 6th day of d.
cember and for other and further relief as tn
court may deem just.