St. Paul daily globe., 1896-03-03
SENSATIONAL CHARGES
Made In n Suit Against the Germania
Bank.

Mathilda j. Russell makes q rather
sensational charge in a suit she has
just begun against the Germania bank.
but fails to furnish the inside history
or the affair to which she refers as
the primary cause that has led up to
the action. She sues to have set aside
mortgage for $1,000 which she claims
was given by her under duress in jan
uary. 1893. Mrs. Russell Is a widow.
and, according to the allegations of
her complaint, she gave to the Ger
mania bank a check for $1,665 on the
First National bank on Dec. IT, 1892,
with the understanding that the check
was not to be presented for payment
but was to be returned to her Dec. 20
She says the object Of giving the check
was for the accommodation of her
son, Albert r. Russell
A few days later William Bickel who
was then an officer of the bank. sent
FOR her, she says, and told her that
II she did not pay the check he would
have her son sent to prison, as he was
guilty Of a crime. She became excited,
and. in order to save her son from sthe
shame of arrest, consented to give a
mortgage for $1,000 on her property
Bickel took her to Mr.. PassaVant who
was to prepare the instrument. and
when she came to sign 1t and wanted
an opportunity to consult an attorney
first, he told her that If she did not
sign it within five minutes he would
nave her son arrested. She further
alleges that after she did sign it, and
Passavant took the mortgage to the
bank, he told her it was not large
enough, and made her give one for
81 300. She further alleges that COM
pound interest and attorneys fees were
charged and that the transaction is
usurious.
Ga1.11N mi
denies that there was any duress or
threats of any kind, and states that
Mrs Russell is an intelligent woman
OF business experience, and knew per-
fectly we'll what she was doing. It
alleges that Mrs. Russell drew a check
on the First National Bank of st. Paul
Tor Sl,665. payable to her son, Albert
+. russell who was formerly a men,
Der or the real estate firm of Luther
& Russell. On Dec. 19, 1892, the check
was presented to the Germania bank
by Albert r. Russell and the money
obtained thereon. The First National
bank refused to honor the check for
the reason that it had not sufficient
FUNDS to the credit of Mrs Russell
with which to pay it; that there was
only something like SIG Of her money
then on deposit. The check was sent
down to the First National three or
TOUR times, and as often returned.
There was no understanding between
Mrs. Russell and the bank that the
bank should hold this check until Dec.
~, or any other time. and that if any
agreement existed it was between Mrs.
Russell and her son, of which the bank
had no knowledge
In January, 1893, a few weeks after
the Germania bank got the check. Mrs.
Russell gave it a mortgage for S., 300
and some cash to pay for the check.
Nothing in the way of complaint was
made from January, 1893, until the
fall of 1895, when this suit was
brought. The action now pending is
10 set aside the mortgage for 81, 300,
"lnch covers some property in Ramsey
and Washington counties and will he
called for trial at 10 o'clock this morps
ing 80 =