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REPORT. To the Honorable the General Assembly, of the State of Ohio. obedience to the provisions of the act "to and repeal to In charter of the Gerinan Bank of Wooster, the under the affairs, passed January 27 1842. the close Bank Commissioners, visited of inst. caused the signed, day its February, Wooster injunction served, sec- and alond the Hon Joseph R. Swan to by the of a writ of be the of the bank that sion same into the hands lowed under delivered of by all authority property the mandamus could of took Receivers, inspected posses- found, and for that purpose. They have also oath, its appointed books of the bank, and examined under knowldge the directors, and other persons having institution; all officers, management and condition of the documents ap of of the which will more fully appear in the pended to this report. agent engaged in the reguscitation of the As The principal Bank of Wooster, was Benjamin bankruptcy Bentley. in German of the bank at the time of its and familiar with the claims Wellof its stock. The deposition of condition 1818, Cashier he was against that M: it, D. trifling the and the schedule ftransfers, snow individuals. a man, only of stock was purchased of the time of amount D. Wellman believes that the stock at bank in payM. in 1818, was transferred to the statement 18 the ment failure, of debts by by the the books stockholders. of the bank This for the corroborated to the meeting on the 23d of July 1838, had been pur Prior of directors. only 435 shares obtained of Adappointment Of this amount 400 shares were fachaeed amson Bentley, "without any consideration except vors The previously transfer book rendered. exhibits the following transfers & assignment on the 15th July 1838: Benjamin Wellman, Bentley share; To, Wm. McComb, 5 do: Wellman, Joseph H. B. 1 do: James S. Irvine 1 do; M. D. S Bent Watson, Wm. Childs 5 do; John Robinson. 1 do; do 1 do; 5 do; Levi Rawson. 1 de; L. Chestnu!wood, direc. ley, one of these individuals were appointed above. In Every the meeting on the 23d, as mentioned this stock, and tors at they came in possession of we what manner if paid for it, 80 far as to arrive at the facts, will be has the consideration able any, found he in have their no been MI Wellman,{ testifies stock of of "purchasing one share of 1838.' Wm. McComb, the depositions. recollection in July that and President Benj. ba: of Bentley no consideration, old stock he paid in the paper of or beance on received his shares without the trans" the S. Bentley bank. the paid Bentley believes payment the bank. for the same, and he him a ing called made upon to him for the purpose of making to fer was Wm. Childs was told that stock, enough to him director. eligible as a director was it Bentley, that'he wasnet to pay stock since. Levi Rawson, supposed He make nor by Benjamin has him he transferred for never then, was to him to make him a director. bank bona fide purchase of stock in the or made of the Wellman's, of Benjamin transferred Wooster, testifies German that Bentley, he nevof person. Josepn Watson knowledge: that any other stock in said bank to his transfer er owned purchased any any stock and knew of no the hr never So far we have been enabled to trace of assignment to his name. and transfer of stock at the organization the new testimony board of directors. of H B Wellmah, James S been Irvine, ob The Robinson and Levi Chesnutwood has not was John The fact, however, that one share only that tained. to each of them renders it probably and that transferred made no purchase of stock at that time, the books they whole proceeding was a mere entry upon so the with or without the knowledge of the persons made Jue either directors. The transfers were two inconstituted 1838. On the 23d of the same month and Rob15, called directors, viz: T. G. Jones direc. dividuals, Bentley, met and appointed the new board of on the minutes of that date.) As appears all tors. Thomas G, Jones had The the bank, and four !shares more. G stock ert transfer (See book, favor transferred ofT. Jones stock his in however, shows a balance in the appearance book, dollars seventy-five cents, but re of eight and fresh entries would lead to 8 greater deemed of erasures the transfer book. We, therefore, upon to take the deposition of Mr re the opinion above expressed, than fully it !iance necessary sustains book, Jones, that more which the be placed on the transfer recol and particularly as Mr Jones no stock stock since May 21, to liance book, should of purchasing has 1820 T G the lection that he transferred May 21, directors, and Co., of the stock of all the shares, he held in the on the and subsequently, Jones president, swears German capital 1820, that Bank of to said of 1821, he assigned's Wooster, day bank exceptions.' January, transferred of thesaid cor1st Quimby shares in the capital stock to the Eph further, Thomas G. Jones's of the following transcript of as rectness of the directors of said, July bank the proceedings and bank, the minutes held Ger of 23, 1838 ofall the directors belonging to Jones the man At Bank a meeting of Wooster-present, Thomas G. and Robert BentleyThat Hiram B. Wellman, William D Well. Mc Resolved, Joseph Watson. James S. Irvine, Bentley, M Levi Comb, William Childs, John Robinson, S. Chesnutwood man, Benjamin Bentley and Levi of said bank Rawson, hereby appointed directors of direc. to be fill and the they vacancies are that now exist in the board tors of the said bank. T. G. JONES. ROBT. BENTLEY. have presented the anomaly of Thomas directors G. Here we presiding at a board of as a himself and another, and directly in contravention cerconsisting Jones into being of director, incorporate resolving of the statute, a new 23, 1815, An act passed therein named, and to extend the direo- of tain banks,' sec. 20 'that board banks February incorporated shall be charters the annually existing each of the aforesaid banks, stockhol tors for the 1st Monday of January, by the be a elected for on the time being, and each director shall resident ders, at the time of his election; and a of the stockholder the state, &c.' In the concluding part vawithin section, we have the following, "And directors if any of same at time. happen among the or cancy aforesaid banks, by death, for any the residue of the directors of otherwise, of shall, the any fill such resignation, the bank, vacancy." the shall'elect a director to of time being, provides for the general meeting The 21st section for the purpose electing die thirty days notice in some of making accommodation per, stockholders, rectors The plan after giving annually, directors, newspa January as pres referred to, we find brought down to share viously John Hanna, swears, "that he owns'one to him 1841. in said bank, transferred and assigned for said ofstock Bentley; that he has not paid by instal by Benjamin stock, either to Benjamin Bentley, transferred or to share of to the bank; and supposes it was director." J. W. ments the purpose of making him a Benjamin him had stock transferred to not he since McMillen for testifies, "that he did not him at that by time, the has Bentley and given his obligation to said Bentley for