The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-03-26
MORE BANK LITIGATION.
Assignee KeFst Begins Action
Against Hanover, of New York.

Against Hanover, of New York.
Peter M. Kerst, as assignee of the Gerlaania
bank, has begun suit against the Hanover
National bank, of New York, and others to
sorry notes given by the Germania bank to
the Hanover bank security or collateral
for loan Of $4,000 from the Hanover to the
Germania bank. The defendants comprise
the following banks and individuals
The Hanover National bank, Houston M.
Sadler Jr., John M. Galloway, First National
bank, of ST. Paul, American Exchange State
bank, of North Dakota, Charles F. Menk and
Theodore H. Menk, partners trading as Menk
Bros; Lewis L: May, Charles L. Horst, Pat
rick Keigher E. f. Berrisford p e. Hanson
G. A. Greenleaf, Uri L. Lamprey, richard
Z. Q'Connor, Joseph Hoag, E. o. Zimmerman,
G. A. Zimmerman, Moshofsky Bros, and the
st. Paul Roofing, Cornice and Ornamental
The note for $50, 900 from the Germania to
the Hanover bank was executed AMI delivered
on Dec. "a, 1895, payable on demand. The
complaint alleges that the Germanla bank,
for the purpose of securing said note for $780,,
900, also delivered to he Hanover bank ceI-
tain promissory notes anG securities, amount
ing in the aggregate 10 $60,51356, and that
the Hanover bank duly credited the Germania
bank with a deposit of the $780, 900 note.
Continuing, the complaint alleges that en-
Jan. 1887 the Germania bank had ON de-
post with the Hanover National baak the
sum of $40 215.41, and that on sail date the
Hanover bank charged the deposit account Of
the Germania bank with said aforementioned
such charge upon the promissory note Of
$50, 600; that since the said 4th day of jan
uary, 1897. and before the beginning of this
action the Hanover BIZ nix has coIactad cH--
tain of the said pro nissory notes and SOU
tiles pledged as collaboration the payment Of
the $4,000 note, and that by the said charge
upon said account and the collections CT the
said notes and securities, the said prorl ssorV
note for $50 600 given by the German a lark
to the Hanover bank IS been aaIt in full,
together with all he interest thereon
10 Dlaiptim alleges that defend
ants H. NJ Sadler Jr and John M. Galloway,
have each begun proceedings in New fClk
state to collect certain drafts ISIS I'D by the
Germania bank, amounting in the aggregate
to about SIC, 600, which drafts, in the posses
sion of the Hanover bank, they seek ID attach.
The complaint further alleges that the de-
PENDANT, the First National Bank OF ST. Paul,
threatens to collect said collateral promts-
sorry notes and remit AMI deliver thu proceeds
thereof to the said defendants, the Hanov'r
bank and Messrs. Sldler and GALWAY, OF
New York, and to hereby place he proceeds
of such collections out of the jurisdiction of
this court. Unless the First NdLpnal tank
be restrained from doing this the Complaint
declares that perma lant injury VII result
to the plaintiff and the creditors OF the Ger
mania bank. 1t is also alleged that the
other defendants are about to pay Over to The
First National bank, as agent OF the Hanover
National bank. H. NJ. Sadler Jr. AMI J. Nj.
Galloway, the amounts due and paJAh!e Tp"n
said promissory notes, respectively executed
and delivered by than.
The plaintiff therefore demands judgment,
first, that the plaintiff be adjudged to be the
owner and entitled to the possession of
said promissory notes and that the court de-
termine that neither the Hanover bank. H.
M. Sadler Jr., j. M. Galloway have any
lien upon interest in the said notes;
second, that said defendant the First Ma
tional Bank of st. Paul. be required to turn
over to the plaintiff said notes or the pro-
ceeds thereof, and that any preference claimed
by. the Hanover bank, H: NJ. Sadier Jr. or
that the First National bank be restrained
from delivering any Of said notes to the said
Hanover bank, H. NJ. Sadler Jr. or ]. M.
Galloway, and that said other defendants be
likewise restrained from paying to any OF
the three defendants named the amounts due
on said notes.
Following is a list of the defendants and
their notes all payable to the Germania bank:
American Exchange State bank of Buffalo,
1896 - ''' ''''' - '-''''' N'''N' - .
Menk Bros; 90-day note for $1,000, dated
Oct. 2S, 1896, upon which 81 600 has been paid.
Menk Bros; 90-day note for $1,000, dated
Nov. 4, 1896.
Lewis L. May; 9O-day note for 81 eco, dated
Nov. II, 1896, upon which $500 has been paid.
Charles L. Horst; 90-day note for $780,
dated Nov Is, 1886, upon which $4GO has been
paid.
Patrick Keigher and F.. P. Berrisford; 90
day note for 81 500. dated Dec. u, 1896. .o
+ P. e. Hanson, c. A. Greenleaf and Uri
Lamprey four-months' note for $5,SSO.56, dat
Richard T. o'connor; 9o-day note for 81, COO
dated Nov. 16, 1896. ts
Joseph Haag; 9O-day note for $2,7oO, dated
Nov. 25, 1896, upon which S100 has been paid.
Edward O.. Zimmerman and Charles A
Zimmerman; 90-day note for $4,000, dated Now
10, 1896, upon which $500 has been paid
Peter Schliemann, Meshofsky Bros. and
Joseph Haag; 9e-day note for $1,000, dated
Dec. II. 1896, upon which 5000 has been paid
st. Paul Roofing, Cornice and Ornament
company and Joseph Haag; 90-day note for
81, 900, dated Nov IA, 1896
st. Paul Roofing, Cornice and Ornament
company and Joseph Haag for $500, dated
Oct 10 1896