Los Angeles herald., 1909-05-29
BRING NEW SUIT
AGAINST BANKER
w. H. CARLSON AGAIN MUST
FACE CHARGES
RECEIVER BRINGS ACTION TO
GET DEPOSIT BOOKS
President of Consolidated Alleged to
Have Obtained Important Docu-
ments by False Representa-
tons and Bad Notes

An order directing Evan Lewis, re-
ceiyer of the Consolidated bank to
commence an action against w. H.
Carlson, former president of the bank,
citing the latter to come into court and
show cause why he should not De com
pelled to turn over to the receiver d
number of deposit books Obtained from
depositors in exchange for certificates
guaranteeing payment of the bank IN
debtedness. was signed by Curtis u.
Wilbur, presiding judge of the superior
court yesterday on APPLICATION Oh H.
1. Thompson, an attorney, represent
ing several depositors.
The nurpose in obtaining the books
and placing them IN the nahus u ai ~
Lewis is to aid him in declaring ulNi-
dend to the depositors, the actlon Oh
the applicants yesterday indicating
that they regard the certificates given
nv Carlson as worthless and that tney
wish TO be included among the other
depositors when the first pro rata al
loWances are made from the FUNDS IN
the. receivers hands
The plaintiffs in the action filed yes
+ordav nv Attorney Thompson are 5.
x Bennett. Abram Kemelfeld, Bertha
Ferron. l.. c. Brown and others. IN
affidayits accompanying their petltlons
for an order citing Carlson TO appear
in court and show cause why the ue-
posit books held by him should not De
turned over to the receiver, they say
the books were obtained through IaIse
and fraudulent representations. 49,.
1--WE are informed" they say, that
tho receiver is unable to properly de-
clare a dividend to the deposltors OF
The hank without having in his pos
session the bank books of all deposit
ors." - Nu4o
CATER Carlson returned from san
p,rsncisco about July Is, 1908, says
fine afidaVit of S. K Bennett, ll39 East
Thirty-sixth street, 81 received letter
from him in which he sent me MS per-
sonal pron1issory note TO the amount
of NV credit in the bank. He also sent
me in the letter a written assignment
tn himself personally of my account
with the bank, together with my BANK
hook. In response to the letter met
Carlson at the bank and during the
conversation between us he stated ne
had all matters connected with the
hank Strengthened up and would pay
off everyone in a few weeks; that Evan
Lewis had been discharged as Gus
todian, and he. Carlson, was conduct
ing the bank and would pay the notes
shortly" -. -.
Carlson. he said, represented that the
proposed adjustment was necessary for
depositors to get their accounts IN
shape to get their money.
"Relying upon Carlson's representa-
tons" says Mr.. Bennett, land in order
to get my money as represented and
believing that Carlson was an honor
able man, and not knowing he was
classifying in regard to the legal Gus
todian, Evan Lewis, being discharged
I delivered to him my bank book, to-
gether with the assignment as re-
quested."
The letter received by Abram Kun
melfeld, AL Jackson street, in which
Carlson requested the assignment to
him of Mr. Kummelfeld's account, is
said by the other plaintiffs to be sim
liar to those received by them In
these letters Carlson says there never
was a run on the bank and that every
check presented at its counter had
been paid.
"I propose to see that every depositor
is paid 100 cents on the dollar at the
earliest possible moment" wrote Carl
son. ITO do so will be my earnest
effort"
The letters contained printed assign
ments of the depositors accounts to