Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-04-02
Nebraska
TAYLOR'S BOND WAS IGNORED
No Effort Ever hsde to Collect Money
Due State of Nebraska.
sURETIEs ARE EXECUTION PROOF
Attorney Genera Martin Reports TO
Governor Concering Manner I'm
which the Globe savings
Bank Was wound Up.
From STAFF Correspondent


LINCOLN. April Especial Telegram
Attorney General Martin reported to the
governor this morning ms opinion in an
swer to the resolution offered In the house
OF representatives By Kotodc and Richard
son asking why suit has never been brought
by the state against the sureties on the
bonds Of the First National bank Of Or
leans. the Buffalo county bank, and the
Globe Savings bank Of omaha, detunct
concerns which went out OF business owing
to the state Of Nebraska the aggregate
sum OF S25OOO.
The attorney general holds thet none OF
these sureties can be reached by execution
In regard to the Globe Savings bank he says:
81 find that the Globe ;,oan and trust
company Of Omaha mentioned in the reso-
luton. was one OF the 7ureties for the
C4lobo Savings bank; that the bond was ex-
81 ecuted on the 1ith day OF November 1894
that the remaining sureties were II. o.
Devries cadet Taylor. d. T. Mount, X. w.
Bartos and w b Taylor, and that said
bond was approved by l.. Crounse, COVER
ner: John c. Allen. secretary Of state, and
George NJ Hastings. attorney general
No Action TO Recover.
81 am unable to find that any action was
ever commenced on this bond. ] have gone
through the records In the office OF the
clerk of the district court in Omaha and
was advised by those in charge that no
such action was ever instituted. number
of actions were instituted in that court
against cadet Taylor, involving the Globe
Savings bank, the Globe Loan and Trust
company and others, and bonds were given
in relation thereto.
Il am also informed that the Globe Saw
inEs bank and the Globe Loan and Trust
company went out Of business sadly In
solvent about twelve years ago. am also
Informed that NJ. o. Devries and d. t.
Mount are deceased but l have not been
J, able to verify this report
Taylor "A Bankrupt.
.'From an inspection of the court records
a. Omaha l find that Cadet Taylor was
ad.udged a bankrupt on the nth day Of
Tulv 1904; that he listed assets to the
amount Of $40 and claims and contingent
liabilities to the amount OF 1852, 1870 The
,.ecords of this bankrupt proceeding show
that he listed his liability upon this bond,
that notice was given to all parties and
published in the Examiner The federal
Courts and a number Of the state courts
have held that a discharge in bankruptcy.
when regularly pleaded, is a bar to an &C
sian AGAINST suretes on bond. lex Parte
sravlor. fed cas- 1878; United States against
Throckmorton, fed. cas-. 1876; Steele
against Graves, So Ala. 81; Reitz against
People. a. Ills. ABS; Fowler against Ken
,day. "A Me-, AS; McEinn against Allen. 81
~. c., 1917
Sureties Execution Proof.
ct have been repeatedly informed thai
zach and all OF the sureties on this bond are
execution proof. but these are matters
,a,bich will require further investigation.
make this report that you may apprise the
house Of representatives Of the conditions
with regard TO these bonds as find then
at this. time"
The other two cases he finds have beer
settled The Orleans bank sureties were
.,,ed and a Judgment recovered. The Buff
Talo county bank paid a dividend OF p pei
cent and the state received its share.
This report will be returned to the legis
nature by the governor as an explanation
=, the facts that no suit has ever beer
It,ought against Cadet Taylor, w. B. Taylo
"a X. w. Bartos for this money entruste,
e. the Globe Savings bank by the state.