The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
COPY IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON X-6157 THE FIRST NATIONAL BANK OF ILWACO, Complainant, -vs- No. E-8994 SUBPOENA AND RESPONDENDUM THE ASTORIA NATIONAL BANK, W. C. CRAWLEY, RECEIVER OF THE ASTORIA NATIONAL BANK, and FEDERAL RESERVE BAM OF SAN FRANCISCO, CALIFORNIA, Defendants. THE PRESIDENT OF THE UNITED STATES OF AMERICA TO The Astoria National Bank W. C. Crawley, Receiver of the Astoria National Bank, and Federal Reserve Bank of San Francisco, GREETING: You, and each of you, are hereby commanded that you "be and appear i n said D i s t r i c t Court of the United S t a t e s , f o r the D i s t r i c t of Oregon, a t the Court room thereof, i n the City of Portland, in s a i d D i s t r i c t , to answer the exigency of a B i l l of Complaint exhibited and f i l e d against you i n our said Court, wherein The F i r s t National Bank of Ilwaco i s complainant, and you are defendants, and f u r t h e r to do and receive what our said D i s t r i c t Court s h a l l consider i n t h i s "behalf, and t h i s you are i n nowise to omit under the pains and p e n a l t i e s of what may b e f a l l thereon. And t h i s i s to command you, the marshall of said D i s t r i c t , or your Deputy, to make due service of t h i s our Writ of Subpoena, and to make due r e t u r n of the same with your proceedings thereon into t h i s Court within twenty days from t h i s date. Hereof f a i l n o t . WITNESS, the Honorable Robert S. Bean and the Honorable John H. McNary Judges of said court, and the Seal thereof a f f i x e d a t Portland, in said D i s t r i c t , t h i s 26th day of September, 1928 Clerk G. H. Marsh (SEAL) By F. L. Buck, Chief Deputy Clerk A TRUE COPY G. H. MARSH, Clerk By: F. L. Buck, Chief Deputy Clerk. MEMORANDUM, pursuant to Equity Rule No. 12 of the Supreme Court of the United States: The defendant i s required to f i l e h i s answer or other defense in the c l e r k ' s o f f i c e on or before the twentieth day a f t e r service, excluding the day t h e r e o f ; otherwise the b i l l may be taken pro confesso. X-5157- COPY IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON THE FIRST NATIONAL BANK OF ittiACO, Plaintiff, No. vs. COMPLAINT THE ASTORIA NATIONAL BANK, W. C. CRAY/LEY, Receiver of the Astoria National Bank, and FEDERAL RESERVE BANK OF SAN FRANCISCO, CALIFORNIA, Defendants, Comes now the p l a i n t i f f , and f o r cause of s u i t against the defendants, and each of them, a l l e g e s : I. The p l a i n t i f f i s , and was a t a l l times h e r e i n a f t e r mentioned, a national "banking corporation, incorporated, organized and e x i s t i n g under and "by v i r t u e of an Act of Congress known and designated as The National Banking Act, and having i t s p r i n c i p a l o f f i c e and place of business a t Ilwaco, Washington. II. The defendant Astoria National Bank i s , and was at a l l times h e r e i n a f t e r mentioned, a national banking corporation, incorporated, organized and e x i s t i n g under and by v i r t u e of an Act of Congress known and designated as The National Banking Act, and having i t s p r i n c i p a l o f f i c e and place of business a t Astoria, Oregon. III. That the defendant.Federal Reserve Bank of San Francisco, California, i s , and was a t a l l times h e r e i n a f t e r mentioned, a national banking corporation, incorporated, organized and e x i s t i n g under and by v i r t u e of an Act of Congress http://fraser.stlouisfed.org/ Page 1. Complaint, Federal Reserve Bank of St. Louis X-6157 known and designated as the Federal Reserve Act, and having i t s p r i n c i p a l officii - and place of business a t San Francisco, California, having a "branch o f f i c e and place of business i n Portland, Oregon. IV. That the defendant W. C. Crawley has been h e r e t o f o r e appointed by the United States Comptroller of Currency, the receiver of defendant Astoria National Bank, has duly q u a l i f i e d , and i s now acting as such r e c e i v e r . V. That on February 17th, 1928, the p l a i n t i f f had oil deposit with defendant Astoria national Bank, Subject to check, d r a f t or order for payment, 8L sum in excess of Three Thousand t$3,000i00) Dollars. VI. That on February 17th, 1928, the p l a i n t i f f forwarded to the United States National Bank of Portland, Oregon, for c o l l e c t i o n and c r e d i t , i t s d r a f t on defendant Astoria National Bank, i n the sum of $3,000.00, against the funds of the p l a i n t i f f on deposit i n said Astoria National Bank; that immediately upon r e c e i p t of said d r a f t and p r i o r to the 21st day of February, 1928, the United S t a t e s National Bank of Portland, Oregon, deposited said d r a f t with other d r a f t s and orders f o r the payment of money, with the Portland Branch of defendant Federal Reserve Bank of San Francisco, C a l i f o r n i a , and defendant Federal Reserve Bank of San Francisco, California, by and through i t s said Portland Branch, forwarded the d r a f t s so dep o s i t e d with i t by the United States National Bank of Portland, Oregon, to defendant Astoria National Bank, f o r c o l l e c t i o n , and said d r a f t s were received by defendant Astoria National Bank p r i o r to the close of banking hours on February 21st, 1928. VII. That on February 2 l s t , 1928, defendant Astoria National Bank had funds on deposit to i t s c r e d i t with the Portland Branch of defendant Federal Reserve Bank of San Francisco, C a l i f o r n i a , subject to check, d r a f t or order f o r payment, i n excess of the sum of $3,000.00, represented by the d r a f t of the p l a i n t i f f h e r e i n Page 2. Complaint. . . above described* and ih 6$£6teBs x-6157; * the t o t a l amount of the d r a f t s forwarded f o r col- l e c t i o n to said Astoria National Bank "by said Portland Branch of the Federal Reserve Bank of San Francisco, C a l i f o r n i a . VIII. That defendant Astoria National Bank continued to t r a n s a c t i t s usual and ordinary banking business up to the close of banking hours on February 21st, 1928, in the usual and ordinary manner; that i t was, and had been at a l l times p r i o r to February 21st, 1928, the usual and established custom of business and dealings between defendant Astoria National Bank and defendant Federal Reserve Bank of San Francisco, C a l i f o r n i a , and the Portland Branch thereof, that charges should be made by said Federal Reserve Bank against funds of defendant Astoria National Bank on deposit with said Federal Reserve Bank in accordance with w r i t t e n i n s t r u c t i o n s of the Astoria National Bank forwarded by United S t a t e s mail to the Portland Branch of Federal Reserve Bank of San Francisco, California, upon p r i n t e d blanks provided by the Federal Reserve Bank f o r that purpose. IX. That on February 21st, 1928, before the close of banking hours on said date, defendant Astoria National Bank paid p l a i n t i f f ' s said d r a f t f o r $3,000.00 by forwarding to the Portland Branch of defendant Federal Reserve Bank of San Francisco, California, by United S t a t e s mail, i t s w r i t t e n order t h a t said d r a f t , with other d r a f t s therein s p e c i f i e d , should be charged to the account of said Astoria National Bank, and by expressly authorizing defendant Federal Reserve Bank to make such charge against said account, and said d r a f t was thereupon, and before the close of banking hours on said February 21st, 1928, duly marked "paid" by defendant Astoria National Bank, and was t h e r e a f t e r returned to the p l a i n t i f f , with statement of p l a i n t i f f ' s account, as voucher and evidence of such payment. X. ... That February 22nd, 1928, was a legal holiday, and the w r i t t e n authorization and l e t t e r of i n s t r u c t i o n s from defendant Astoria National Bank to the Portland Page. 3. Complaint. X-6157 >1 - I I Branch of defendant Federal Reserve Bank of San Francisco, California, was not delivered u n t i l the morning of February 23rd, 1928; that on February 23rd, 1928, defendant A s t o r i a n a t i o n a l Bank f a i l e d to open i t s doors or t r a n s a c t business, and t h e r e a f t e r 77. C. Crawley was appointed receiver thereof by the United S t a t e s Compt r o l l e r of Currency, and forthwith took possession of said bank. XI. That the p l a i n t i f f has made demand upon the defendants W. C. Crawley, as receiver of defendant Astoria National Bank, and upon the Portland Branch of defendant Federal Reserve Bank, f o r payment of said d r a f t , but that the defendants, and each of them, have wholly r e f u s e d , f a i l e d and neglected to pay the same. XII. That defendant Federal Reserve Bank of San Francisco* C a l i f o r n i a , has r e f u s e d to chargo, i n accordance with the w r i t t e n i n s t r u c t i o n s and a u t h o r i z a t i o n of February 21st, 1922, from defendant Astoria national Bank, against the funds of Astoria National Bank on deposit with i t , the amount of p l a i n t i f f ' s d r a f t i n the sum of $3,000.00 hereinabove described, and has charged the same back against the United States National Bank, and t h a t the p l a i n t i f f has been compelled to reimburse said United S t a t e s National Bank with the amount t h e r e o f . XIII. That p l a i n t i f f has no p l a i n , speedy or adequate remedy a t law. IvHEREFORS, p l a i n t i f f prays that the funds of defendant Astoria National Bank and W. C. Crawley, as r e c e i v e r of defendant Astoria National Bank, on deposit with the Portland Branch of defendant Federal Reserve Bank of San Francisco, C a l i f o r nia, be charged with the sum of Three Thousand ($3,000.00) Dollars, and defendant Federal Reserve Bank of San Francisco, C a l i f o r n i a be ordered and d i r e c t e d to remit the sum of $3,000.00 so charged to the p l a i n t i f f , and that the p l a i n t i f f have such other and f u r t h e r r e l i e f as to the court shall seem equitable i n the premises. Page 4. Complaint. JOHN K. BOLLOCK Attorney f o r P l a i n t i f f . X-6157^ STATE OF WASHINGTON ) COUNTY OF PACIFIC ) r,±2 ) 88. I , S. C. LOCHRIE, 'being f i r s t duly sworn, depose and say that I am the president of The F i r s t National Bank of Ilwaco, p l a i n t i f f i n the above e n t i t l e d suit^ and that the foregoing complaint i s true as I v e r i l y "believB. S. C, Lochrie Subscribed and sworn to "before me t h i s 20th day of September 1928. NOBMAN A. HOWERTON Notary Public f o r the s t a t e of Washington My commission expires 2/27/31 STATE OF OREGON ) ) COUNTY OF MULTNOMAH ) ss. I , the undersigned, attorney f o r p l a i n t i f f do hereby c e r t i f y t h a t I have prepared the foregoing copy of ccmplaint and have c a r e f u l l y compared the same with the o r i g i n a l t h e r e o f ; that i t i s a correct t r a n s c r i p t therefrom and of the whole t h e r e o f , Portland, Oregon, dated the,25th -day of September 1928. •£age 5. Complaint. JOHN K. KOLLOCK
@FedFRASER