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SUIT ATTACKS CITIZENS BANK FUND TRANSFER
Alleges Ybor Bank Notes Were Taken Illegally
Adolph Katz, Ybor City merchant. alleging that the Citizens Bank & Trust company, the day before it closed July 17, usurped without valid authority approximately $70,000 of the assets of the Bank of Ybor City, filed action in circuit court yesterday to recover a $3000 note he executed to the Ybor City bank. but which was discounted to the federal reserve by the Citizens bank. The suit is directed against C. L Knight as liquidator of the Citizens bank and Hunter Henderson as liquidator of the Bank of Ybor City. Katz also alleges that when the Bank of Ybor City closed July 17 he had on deposit there about $2000, and the purpose of his suit is to have the $3000 note returned to the Bank of Ybor City in order that his credit of deposit can be utilized as an offset against it.
Directorates Interlocking
In his bill of complaint Katz sets forth in effect that directors of the Citizens bank were enabled to effect the transfer of securities of the Ybor City bank because Dr. L. A Bize was president of the Bank of Ybor City and chairman of the board of directors of the Citizens bank at the same time, and that other directors of the Citizens bank were also directors of the Ybor City bank. Referring to the Citizens Bank & Trust company asa privately chartered banking institution, Katz then alleges that prior to the closing of the banks, and "particularly during 1929 up to July 17, the Citizens Bank & Trust company dominated and in effect controlled the policy and affairs of the Bank of Ybor City: that the Citizens Bank & Trust company had among its board of directors L. A. Bize, John Bize, Frank Bentley and George Booker: that the Bank of Ybor City was a large depositor in the Citizens Bank & Trust company, and at the time the banks closed had large amount to its credit in the Citizens Bank & Trust company. Allege No Indebtedness A further allegation is that the
Bank of Ybor City "did not owe the Citizens Bank & Trust company any indebtedness, if so the same was a negligible amount." "For several days prior to July 17," the bill goes on, "a quiet or silent run on the Citizens Bank & Trust company was commenced and maintained principally among its large depositors, and heavy withdrawals were made during the several weeks immediately preceding July 17. The Citizens Bank & Trust company was sorely in need of cash; that the Citizens Bank & Trust company in its effort to gather in and collect together as much cash as was possible, designed the following plan of raising cash. to-wit: "It by reason of its dominating and controlling power over the Bank of Ybor City took from the said Bank of Ybor City, among other assets,' Katz's promissory note, given to secure a loan obtained from the Ybor City bank on July 3. and discounted it with the federal reserve. In like manner, Katz then alleges, the Citizens bank took over approximately $70,000 worth of notes and other securities of the Ybor City bank. and sought to procure loan thereon from the federal reserve.
Charge Method Was Wrong
Charging that the "manner and method pursued by the Citizens Bank & Trust company in handling, withdrawing and usurping the assets of the Bank of Ybor City constituted a wrong done," Katz further avers "your orator is unable to allege whether the said discounting was made with the purpose and intent of deliveries over to the Bank of Ybor City the proceeds of such discounts, or whether it was the purpose and intent of the Citizens Bank & Trust company to use the proceeds for its own benefit." Katz alleges, however. that on the day the banks closed "there was in the possession of the Citizens Bank & Trust company approximately $70,000 in cash representing proceeds of the discounts of the securities of the Bank of Ybor City." In the preamble of his bill Katz sets out that he has been depositor in the Ybor City bank for several years. The note he gave was for 90 days. Alvin M. Sandler is attorney for Katz.