In an extra get across-allege filed because of the Association may twenty-eight, 1948, it alleged one to in making this new developments from said $six,300,100000 so you can Ammann since the supposed Conservator to have Relationship, San francisco bay area Financial or other cross-defendants “were using completely or even in area, money, loans, and you can property, which they know had been owned by, the house out-of, and you can of the Government Mortgage Bank of La [or owned by their stockholders] hence told you currency, loans and you may assets were gotten by the mix-defendants from the fraudulent and harmful seizure and you will confiscation regarding told you Los Angeles Financial * * *.”
After that white try forgotten towards various states by a quarrel regarding counsel having La built in legal in the primary case with the July 29, 1948. He mentioned:
A proper carrying of your own Judge was the shareholders of Organization (Mallonee) was in fact estopped, since Organization might possibly be, regarding tricky the new specifications of the Operate, Home Owners’ Financing Act of 1933, hence signed up the latest Panel so you can prescribe the latest conditions and terms lower than and that a good conservator ed, 332 You
“We [Los angeles Lender] try saying claims to the new $six,three hundred,one hundred thousand value of notes to the deposit regarding registry of one’s court, performed from the Ammann just like the Conservator, and is also our claim that the cash familiar with build this type click for more info of fund, from inside the highest region, was fund of one’s La Lender.”
They mentioned that within the months whenever you are Ammann was at costs regarding Association as Conservator, Organization borrowed on Bank regarding San francisco bay area sums exceeding $six,300,000 and this amounts was indeed all the time secured as needed less than the arrangements of your own Government Financial Bank Work and you can legislation and you can laws followed pursuant thereto, by assignment and you can vow away from You Regulators Ties, promissory cards safeguarded of the mortgages or deeds off faith with the genuine assets, and stock held because of the said Association within the said Bank of San Francisco. That every said sums therefore borrowed by Relationship were utilized because of the Organization for the transacting and you may working the company out-of Organization and also for motives also to the benefit of the organization regarding Association.
Inside the an answer of Bank of San francisco (however situation) toward revised cross-claim away from Association and this address try recorded July 30, 1948 San francisco identifies the borrowed funds made to Relationship about after the style
While the number means, brand new contradictory contentions respecting the latest impounded finance build a confusing visualize. From the benefits which every functions put on such fund we have provided her or him way more hard medication regarding the margin. 4
Ahead of finishing this part of our opinion source are generated into viewpoints indicated by Finest Legal for the Fahey v. Mallonee, 332 You.S. 245, 67 S. Ct. 1552, 91 L. Ed. 2030, towards matters hence incur directly on the difficulty of the validity of the notes kept of the Financial Bank of San Francisco. S. from the web page 256, 67 S. Ct. within web page 1557. A final decision try that it was error to help you oust the conservator (Ammann) or to enjoin any of their procedures, or even to enjoin the fresh management reading to the his appointment. 332 You.S. in the webpage 257, 67 S. Ct. during the page 1557. This new said lien off San francisco bay area to the impounded money is predicated on such cards.
To possess an in depth number of the proceedings regarding lower judge before the order impounding the money, recourse should be had to new published transcript out of list into the the interest in the primary circumstances (12,511). The motion out-of Connection having order of impound looks on pp. 3562 to help you 3597; the latest action from Organization to own an order so you can San francisco to help you show lead to as to why funds should not be impounded seems within pp. 3597 so you’re able to 3599; your order directed so you can San francisco and you may La demanding these types of financial institutions to show produce why the action away from Association to help you impound the funds advertised by Relationship shouldn’t be provided, seems on pp. 3599 so you’re able to 3601; the “Return” away from San francisco bay area towards the court’s buy to demonstrate end up in seems at the pp. 3690 to 3752; new “Return” away from La towards court’s purchase to exhibit produce seems in the pp. 3642 to help you 3646; new impounding buy of legal, dated March 13, 1948, looks in the pp. 8399 so you can 8525.