The San Francisco call., 1913-07-19
Bartnett and Associates IN
California Safe Deposit
Company Are Defend
ants in Action
BROKEN AGREEMENT
ALLEGED AS CAUSE
Plaintiffs Charge Financiers
With Bad Faith Regard
ing Rehabilitation

Suit to recover s15.2o0,00o. including
s52o.ooo damages sustained by the de-
positors of the California Safe Deposit
and Trust company, was filed yester-
day in the superior court against Wal
ter j. Bartnett, Fl. P. Wilson, w. c.
Peyton and Oscar Cooper by Charles
3. O'Connell and others on behalf Of
1880 depositors of the defunct in
stitution. The action was brought
through Attorney Daniel OConnell,
who asked for attachments on $1,000
coo worth of property belonging to the
defendants.
The action grows out of the failure
OF w. P. Wilson. Walter J. Bartnett,
": C. Peyton and Oscar Cooper to re-
habilitate the affairs of the bank. as 1T
is alleged they agreed to do pursuant
TO a contract made in 1909 between
them and representatives OF the De-
positors' association. Bartnett, Wilson
and Peyton are said to be in New
York; Oscar Cooper is an attorney of
San Francisco. Cooper, according to
Mr.. O'Connell. merely was passive
factor in the agreement.
SALARY GARNISHMENTS
The assets that the plaintiffs sought
to attach were alleged to be in the
possession of the following companies.
I'm which the defendants have either
stock or bonds:
Bank of California. Grocker National
bank, E. f. Hutton & Co, Great West
ern Power company, General Chemical
company, Western Pacific railway, Old
Mission Oil company. In addition they
sought to garnishee the salaries OF
Frank L. Brown and Frederick w.
Hall, local brokers.
There are four counts to the com
plant. The first is that the defend
ants failed to carry out a specific per-
formance in accordance with their con-
tract with the depositors. The second
Is that 1t was understood that il the
contract were not met the defendants
were to pay damages, which, in the
complaint, are assessed at $1,000, 900.
The third count is for damages sus-
tanned by the defendants from alleged
shrinkage OF their assets following
failure of the contract This is esti-
mated at s5.20o.000. The fourth is for
judgment against the defendants for
75 per cent of the amount of the claims
or the depositors.
Che total claims OF the depositors
against the bank were $12, 900, 600, and
three-fourths of that amount is $1,000
600, for which judgment is asked.
CRIMINAL CASES RECALLED
The plaintiffs allege that Wilson.
Peyton and Bartnett agreed that If
(, bankruptcy proceedings were dismissed
against d. F. Walker, w j. Bartnett
end j. Dalzell Brown, officers of the
bank, and If criminal proceedings were
dropped against Bartnett. they would
raise s1,00o.000, which. with $1,000, 900
put in by the stock holders, would re-
habilitate the institution. The COM
plaint alleges that Bartnett. Peyton
and Wilson represented to the district
attorney that the banking house of
Hailgarten & Co. OF New York was
ready to put up the money and that
thereupon the criminal informations
were dropped.
The plaintiffs allege that Wilson
Bartnett and Peyton, August S, 1911,
refused to put up the money and that
the time for criminal prosecution ex-
pired. According to Mr.. O'Connell. the
time in which the civil action might
be brought would have elapsed Au-
gust /. 1918.