COPY IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF OREGON

THE FIRST NATIONAL BANK OF ILWACO,

Complainant,

- v s -

THE ASTORIA NATIONAL BANK, W. C. CRAWLEY, RECEIVER OF THE ASTORIA NATIONAL BANK, and FEDERAL RESERVE BAM OF SAN FRANCISCO, CALIFORNIA,

No. E-8994

SUBPOENA AND RESPONDENDUM

Defendants.

THE PRESIDENT OF THE UNITED STATES OF AMERICA

X-6157

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 in said Dis t r i c t Court of the United States , fo r the Dis t r ic t of Oregon, a t the Court room thereof, in the City of Portland, in sa id D i s t r i c t , to answer the exigency of a B i l l of Complaint exhibi ted and f i l e d against you in our said Court, wherein

The F i r s t National Bank of Ilwaco i s

complainant, and you are defendants, and fu r the r to do and receive what our said Di s t r i c t Court shal l consider in th is "behalf, and th i s you are in nowise to omit under the pains and penal t ies of what may be fa l l thereon.

And th i s i s to command you, the marshall of said Dis 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 re turn of the same with your proceedings thereon into th i s Court within twenty days from th i s date.

Hereof f a i l not . WITNESS, the Honorable Robert S. Bean and the Honorable John H. McNary

Judges of said court, and the Seal thereof a f f ixed a t Portland, in said Di s t r i c t , t h i s 26th day of September, 1928

(SEAL) G. H. Marsh

By F. L. Buck, Chief Deputy Clerk

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 Sta tes :

The defendant i s required to f i l e h i s answer or other defense in the c l e rk ' s o f f ice on or before the twentieth day a f t e r service, excluding the day thereof ; otherwise the b i l l may be taken pro confesso. Digitized for FRASER

http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis

C O P Y X-5157-

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE DISTRICT OF OREGON

THE FIRST NATIONAL BANK OF ittiACO,

P l a i n t i f f ,

vs.

THE ASTORIA NATIONAL BANK, W. C. CRAY/LEY, Receiver of the Astoria National Bank, and FEDERAL RESERVE BANK OF SAN FRANCISCO, CALIFORNIA,

Defendants,

No.

C O M P L A I N T

Comes now the p l a i n t i f f , and for cause of su i t against the defendants,

and each of them, a l l eges :

I .

The p l a i n t i f f i s , and was a t a l l times he re ina f t e r mentioned, a national

"banking corporation, incorporated, organized and exis t ing under and "by v i r tue of

an Act of Congress known and designated as The National Banking Act, and having

i t s pr inc ipa l o f f i c e and place of business a t Ilwaco, Washington.

I I .

The defendant Astoria National Bank i s , and was at a l l times he re ina f t e r

mentioned, a national banking corporation, incorporated, organized and exis t ing

under and by v i r tue of an Act of Congress known and designated as The National

Banking Act, and having i t s p r inc ipa l o f f i c e and place of business a t Astoria,

Oregon.

I I I .

That the defendant.Federal Reserve Bank of San Francisco, Cal i fornia ,

i s , and was a t a l l times he re ina f t e r mentioned, a national banking corporation,

incorporated, organized and exis t ing under and by v i r tue of an Act of Congress

Page 1. Complaint, Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis

X-6157 -known and designated as the Federal Reserve Act, and having i t s pr incipal offici i

and place of business a t San Francisco, Cal i fornia , having a "branch o f f i ce and

place of business in Portland, Oregon.

IV.

That the defendant W. C. Crawley has been heretofore appointed by the

United States Comptroller of Currency, the receiver of defendant Astoria National

Bank, has duly qua l i f i ed , and i s now act ing as such receiver .

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 ra f t or order for payment, 8L sum in ex-

cess of Three Thousand t$3,000i00) Dollars.

V I .

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 col lec t ion and c red i t , i t s d ra f t on defend-

ant Astoria National Bank, in the sum of $3,000.00, against the funds of the p la in-

t i f f on deposit in said Astoria National Bank; that immediately upon receipt of

said d ra f t and p r io r to the 21st day of February, 1928, the United States National

Bank of Portland, Oregon, deposited said d r a f t with other d r a f t s and orders for the

payment of money, with the Portland Branch of defendant Federal Reserve Bank of

San Francisco, Cal i fornia , and defendant Federal Reserve Bank of San Francisco,

Cal ifornia, by and through i t s said Portland Branch, forwarded the d r a f t s so de-

posi ted with i t by the United States National Bank of Portland, Oregon, to defendant

Astoria National Bank, fo r col lect ion, and said d r a f t s were received by defendant

Astoria National Bank p r io 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 credi t with the Portland Branch of defendant Federal Reserve Bank

of San Francisco, Cal i fornia , subject to check, d ra f t or order for payment, in ex-

cess of the sum of $3,000.00, represented by the d ra f t of the p l a i n t i f f here in-

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x - 6 1 5 7 ; . . *

above described* and ih 6$£6teBs the to t a l amount of the d r a f t s forwarded for col-

l ec t ion to said Astoria National Bank "by said Portland Branch of the Federal Reserve

Bank of San Francisco, Cal i forn ia .

VIII.

That defendant Astoria National Bank continued to t ransact 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 io 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, Cal i fornia , 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 wr i t ten ins t ruc t ions of

the Astoria National Bank forwarded by United States mail to the Portland Branch

of Federal Reserve Bank of San Francisco, California, upon pr in ted blanks provided

by the Federal Reserve Bank fo 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 fo r $3,000.00 by

forwarding to the Port land Branch of defendant Federal Reserve Bank of San Francisco,

California, by United States mail, i t s wri t ten order tha t said d r a f t , with other

d ra f t s therein spec i f ied , 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 wri t ten authoriza-

t ion and l e t t e r of ins t ruc t ions from defendant Astoria National Bank to the Portland

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X-6157 >1 - I I

Branch of defendant Federal Reserve Bank of San Francisco, Cal i fornia , was not

delivered u n t i l the morning of February 23rd, 1928; that on February 23rd, 1928,

defendant Astor ia nat ional Bank f a i l e d to open i t s doors or t ransact business, and

thereaf te r 77. C. Crawley was appointed receiver thereof by the United States Comp-

t r o l l e r of Currency, and for thwith 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 defen-

dant Federal Reserve Bank, fo r payment of said d r a f t , but that the defendants, and

each of them, have wholly refused, f a i l e d and neglected to pay the same.

XII.

That defendant Federal Reserve Bank of San Francisco* Cal i fornia , has

refused to chargo, in accordance with the wr i t ten ins t ruc t ions and authorizat ion 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 ra 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 tha t the p l a i n t i f f has been compelled to reimburse said

United States National Bank with the amount thereof .

XIII .

That p l a i n t i f f has no p l a in , 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 receiver of defendant Astoria National Bank, on deposit

with the Portland Branch of defendant Federal Reserve Bank of San Francisco, Cal i for -

nia, be charged with the sum of Three Thousand ($3,000.00) Dollars, and defendant

Federal Reserve Bank of San Francisco, Cal i forn ia be ordered and directed 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 fu r the r r e l i e f as to the court shal l seem equitable in the premises.

JOHN K. BOLLOCK Attorney fo r P l a i n t i f f .

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X-6157^ r , ± 2

STATE OF WASHINGTON ) ) 88.

COUNTY OF PACIFIC )

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 in the above en t i t l ed suit^ and that the foregoing complaint i s true as I ve r i ly "believB.

S. C, Lochrie

Subscribed and sworn to "before me th i s 20th day of September 1928.

NOBMAN A. HOWERTON Notary Public for the s t a te of Washington My commission expires 2/27/31

STATE OF OREGON ) ) s s .

COUNTY OF MULTNOMAH )

I , the undersigned, at torney fo r p l a i n t i f f do hereby c e r t i f y that I have prepared the foregoing copy of ccmplaint and have ca re fu l ly compared the same with the or ig ina l thereof ; that i t i s a correct t r anscr ip t therefrom and of the whole thereof ,

Portland, Oregon, dated the,25th -day of September 1928.

JOHN K. KOLLOCK

•£age 5. Complaint. Digitized for FRASER http://fraser.stlouisfed.org/ Federal Reserve Bank of St. Louis