The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-08-17
THAT RED INK LINE
DRAWN THROUGH TIMOTHY REAR
DON'S NAME ON THE ALLIE
MAMMA BOND
BASIS FOR THE REFUSAL
OF OTHER SURETIES TO MAKE
GOOD TO THE CITY
100000.
ANSWER FILED In THE SUIT.
If the Erasure Isn't Enough 1t Is
Claimed the Bond Wasn't for
AIlemannia Anyway.
BASIS FOR THE REFUSAL
ANSWER FILED In THE SUIT.


the sureties on the bond of the Allie
MAMMA bank to recover 100000 de-
posted in that bank has been served
on the corporation attorney. The sure
ties and the amounts in which they
severally justified are Henry Anne
mann, $25, 900; William Hamm, $50,000;
Bernard Kuhl, $40, 1000; Haskell G. Fisch-
bein, $4,000; Russell c. Munger, $25,-
0CO; Arthur e. Whitney, $4,000; F. r.
Welz, $25, 200; E. Vanish $40, 1000; Henry
A. Castle, $4,000, and Moses e. Clapp,
$780, 600.
The answer which was prepared by
M. D. Mum sets up two defenses:
first, that the bond is void by reason
of the erasure of the name of Timothy
Reardon, one of the original bondsmen.
without the knowledge or consent of
the other bondsmen, and, second, that
the Allemannia bank was never legal
ly constituted a depository of the city s
funds.
After admitting a number Of the
formal allegations Of the complaint, the
answer alleges that, at the time of the
submitting of the proposal Of the Conf
mercial Bank of st. Paul to receive
city moneys on deposit, or shortly
thereafter, the defendants, Hamm.
Kuhl, Fischbein, Munger, Whitney,.
Welz and Vanish, together with the
defendant, Henry Ahnemann and one
Timothy Reardon, all as sureties, and
each relying on the action of the other
and the Commercial bank as principal,
executed a bond to the city in the sum
of $3.50, 900. The bond is dated June -,
1885. A copy Of the bond, including
the signatures Of the nine bondsmen,
is here set forth, Mr.. Reardon's name
being the ninth and, therefore, the
last on the list. Mr.. Reardon justified
in the sum of $4,000.
Continuing, the answer recites that,
after the execution of the bond, the
Commercial bank, through it's presi :
dent, Albert Scheffer, took the same
to the office of the corporation attor-
ney, Mr.. Darragh, but that the latter
declined to approve the bond as to it's
form, and, therefore, returned it to
the Commercial bank with the request
that it obtain some other person or
persons to execute said bond as surety
or suretfes in place Of Timothy Rear
don. Thereupon, on Aug. %, 1895, AL
bert Scheffer procured Henry A Castle
bond as sureties in the place of limo
thy Reardon, and, after the execution
of the bond by the defendants, Castle
and Clapp, it was again submitted by
Albert Scheffer to the corporation at
torney.
Proceeding, the answer specifically
alleges that, while the bond was in
| the possession of the corporation at.
torney, the name of Timothy Reardon
was erased therefrom by the corpora
ton attorney, or some one Of his as
sistants.
1t is further alleged that the bond
referred to was never accepted or ap-
proved by the city on or before Jan
4, 1897, the day on which the Alleman-
mia bank closed it's doors, and that all
the eraSureS and changes in the bond
executed by the defendants were made
after the execution of the same by
these defendants and after the delivery
of the same to the Commercial bank
and without the knowledge, authority
or consent of any of these defendants.
The defendants also declare that they
had no knowledge of such changes and
eraSureS from the bond until after the
fourth day of January, 1897; that they
had no knowledge whatsoever, that the
bond so changed was in the possession
of any official of the city of st. Paul,
or Of the city itself, nor did they know
that said bond was in existence or in
the possession of any person or party
whatsoever.
Proceeding, the answer sets forth the
second defense to the action, which is
that the city never legally. designated
the Allemannia bank as a depository
of any Of the citys funds. It recites
the resolution approved July %, 1896,
instructing the city clerk to advertise
for bids for proposals from national,
state and private banks for the receiv-
ing on deposits the funds of the city.
The receipt by the city of proposals
from the various banks, including the
Allemannia, the acceptance by the city
of such proposals and the designation
of the Allemannia bank as one of the
repositories to receive on deposit the
funds of the city of ST. Paul In this
connection the answer cites the formal
resolution designating the Allemannia
bank as one of the repositories, and
also requiring each Of the banks desig-
mated to execute and deliver to the city
bond with such conditions as should
be approved by the corporation attor-
ney and with such security as should
be approved by the common council
before any funds should be deposited in
any of said banks.
This resolution was approved Nov
Z, 1896. The answer then alleges that
between Nov. T. 1896, and jan 4 1897,
the city of st. Paul deposited with the
Allemannia bank $120,47 and that
in accordance with the city charter,
the city treasurer reported to the COM
mon council at it's first meeting in De-
cember, that he had on deposit, of the
citys funds, in the Allemannia bank,
the sum of $S7,307.73 and that at the
first meeting of the council held in Jan
uary, 1897, the city treasurer reported
that he had on deposit in the same
bank $104 6.56 of the city's funds.
Wherefore the defendants ask that
the city take nothing, and that they
be hence dismissed with their costs
and disbursements.
The city will reply to the answer, and
it is understood will deny that Timothy
Reardon's name was erased from the
bond while the bond was in the pos
session of the corporation attorney or
any of his assistants.
SPOILING RICE PARK