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Ticonic Bank Receiver Is Suing To Recover $200,000 On Assessment of Stock
Suits to recover $200,000 as a double stock assessment declared by the Comptroller of Currency were instituted Monday by Arthur G. Picher, receiver of the Ticonic National bank, against the stockholders of the bank. Action was brought F. Harold Dubord of this city, attorney for the receiver.
Reviews History
In instituting the suits, which are brought in the United States District Court, the receiver pointed out that Financial Institutions, Inc., which is now in receivership and which prior to the closing of the banks on March 4, 1933, had secured control of the chain of banks throughout the State of Maine, acquired control of the Ticonic National Bank in November, 1930, by the purchase of a majority of the outstanding stock.
Previous to this, the receiver stated, Financial Institutions had secured control of the People's National Bank, of Waterville, and in August, 1931, a contract was entered into between the People's National Bank and the Ticonic National Bank, whereby the two banks consolidated and the name of the former was changed to the Peoples-Ticonic National Bank.
The stockholders of the Ticonic National Bank at a meeting Sept. 8, 1931, voted that the bank should go into voluntary liquidation, and by the terms of the contract the Peoples National Bank assumed the liabilities of the Ticonic National Bank and took over its business with all of its good assets, it was stated.
At the time in question, however, Mr. Picher continued, the Ticonic National Bank executed a so-called deficiency note in favor of the Peoples National Bank in the amount of $647,172.35.
Following the consolidation, Financial Institutions proposed to the minority stockholders that they would purchase the stock held by them in the Ticonic National Bank giving in exchange for each share of the capital stock a voting trust certificate for five shares of the common stock of Financial Institutions Inc.
The receiver said that late in the fall of 1931, Harvey D. Eaton of Waterville, acting as attorney for the minority shareholders, instituted a bill in equity against Financial Institutions, Inc., the Peoples National Bank, and the Ticonic National Bank, alleging that the transactions between the Financial Institutions and the banks were illegal and a fraud on the minority stockholders.
Before the action was entered in court, Mr. Picher said, Financial Institutions made a new proposal to the minority stockholders and purchased the remaining stock of the Ticonic National Bank paying for said stock at the rate of $175 per share. Under the terms of the purchase, it appears that the stock was sent to the Augusta Trust Co. and it never was transferred upon the books of the Ticonic National Bank to show a change of ownership.
Subsequently the Ticonic National Bank was declared insolvent by the comptroller of the currency and a receiver was appointed on June 29, 1934. On Oct. 2, 1934, in accordance with certain provisions of the Revised Statutes of the United States, the comptroller of the currency declared a 100 per cent assessment on all stockholders and ordered the receiver to make collections thereof. Liability has been denied by most of the stockholders for the reason that they were not the owners of the stock at the time of the failure of the bank.
It is the contention of the receiver that the sales of the stock were illegal because of the insolvency of the bank and that the original