The Sylvester Family of Plainview, Minnesota*

Jury finds in favor of Plainview State Bank versus Austin in retrial

August 6, 1926 - December 2, 1926

PAGE 221

Local Bank Claim is Made Against $6,360 in Bankrupt Estate
May Aid Many Depositors Who Suffered When Institution Crashed
A claim of $125,892.88 against the estate of Edwin L. Sylvester was filed by the Plainview State Bank in United States court in Winona Thursday.
The banking department in filing the claim states that this amount is due to the bank as a result of misappropriation of funds on the part of the former president, now serving time at Stillwater. The claim was filed by C. L. Mikkelsen, examiner in charge.
The final report of the trustee of the E. L. Sylvester bankruptcy shows that the assets of the estate are $6,360.65. This is the amount accumulated from the sale of the Sylvester property, not exempt under the bankruptcy laws.
Hearing on the large claim of the banking department will be held before H. M. Bierce, referee in bankruptcy at 10 AM, August 21. The banking department will be required to show the nature of the claim and its source.
At that time it is likely that the final settlement in the case will be made, which will conclude the famous Sylvester case in another court.
The filing of the banking department’s claim was considered a surprise in court circles. If successful, it will add nearly $5,000 to the sum the depositors of the bank will receive on their claims.
November 19, 1926- Fall Term District Court in Session at County Seat… one is an appeal from the municipal court and one is a new trial of the case of Plainview State Bank against Harry G. Austin. Two cases have been instituted against A. J. Veigel, state banking commissioner, growing out of the closing of the bank…
In the Austin case, the Plainview State Bank is suing Harry G. Austin to collect on alleged unpaid notes which he claimed paid. On December 1st last year at the November term of court, a jury returned a verdict in favor of Austin in the first trial of the case.
A short time later E. L. Sylvester, president of the bank, was captured in Mississippi and Judge Karl Finkelnberg ordered a retrial on the basis of new evidence gained in the apprehension of the missing man. At the May term of court, however, the case was ordered stricken from the calendar by the late Judge Charles E. Callaghan because of improper service of notice for the new trial. Officials of the banking department claim the notice on a new trial of the case will take place at the present term of court…
December 2, 1926-
Former Plainview Bankers Appear in Wabasha Court
E. L. Sylvester and A. S. Kennedy Brought to County Seat
As Witnesses in Bank Case
Plainview State Bank is Suing H. G. Austin
After deliberating three quarters of an hour yesterday afternoon the jury returned a verdict in favor of the Plainview State Bank in its suit against H. G. Austin for the collection of a $5,700 note. The case was called at 10 AM Wednesday. Sylvester and Kennedy were called to the stand yesterday. The case was the last to be taken up at this term of court.
Local interest was centered in district court proceedings at Wabasha this week when E. L. Sylvester and A. S. Kennedy were brought from the Stillwater prison Monday to appear as witnesses for the state in the suit of the Plainview State Bank against Harry G. Austin for the recovery of a $5,700 note. The former officers of the Plainview State Bank were brought down in an automobile by prison guards and will be lodged in the county jail during their stay in their home country. They have been visited by several local people who say that prison life seems to agree with both men and they appear to be in fine health.
This is Sylvester’s third appearance in court since his arrest in Gulfport, Mississippi, last February. On his first appearance he was sentenced to an indeterminate term not to exceed ten years and on the second to a like term not to exceed five years

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* SOURCE: Manzow, Ron (compiler), "The Sylvester Family of Plainview, Minnesota - a collection of information taken from the Plainview News, other newspapers, letters, and diaries beginning in 1884": Plainview Area History Center, 40 4th St. S.W., Plainview, MN 55964. Compiled in 2001.

NOTE: from Ron Manzow, December 2001: "Feel free to reproduce the pages for anyone who wants a copy. It was compiled to be shared... All I ask is that they consider sending a check to the [Plainview Area] History Center to help us out. That should be enough."