Grove v. Commercial National Bank

66 Pa. D. & C.2d 371, 1974 Pa. Dist. & Cnty. Dec. LEXIS 368
CourtPennsylvania Court of Common Pleas, Westmoreland County
DecidedFebruary 28, 1974
Docketno. 1045
StatusPublished

This text of 66 Pa. D. & C.2d 371 (Grove v. Commercial National Bank) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Westmoreland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grove v. Commercial National Bank, 66 Pa. D. & C.2d 371, 1974 Pa. Dist. & Cnty. Dec. LEXIS 368 (Pa. Super. Ct. 1974).

Opinion

MIHALICH, J.,

This court held the above-captioned assumpsit action nonjury, and the following represents its findings, reasonings and verdict.

HISTORY

On July 2, 1971, the guardian-plaintiff filed this suit to recover certain financial losses resulting to the minor plaintiffs by the original defendant’s (bank) sale-of certain bonds. All of the bonds in question were [372]*372purchased by the minor plaintiffs’ father, Robert B. Grove (additional defendant). (For clarity and to avoid confusion, plaintiffs will be hereinafter referred to as “children”; the additional defendant will be referred to as “father”; and the original defendant will be referred to as “bank.”) Shortly before the sale of the bonds in question, father purchased the bonds for his children. All of the bonds were titled in the name of “Robert B. Grove custodian for (name of child inserted), under the Pennsylvania Uniform Gifts to Minors Act.” The custodial characteristic of the Pennsylvania Uniform Gifts to Minors Act was designated on all the bonds.

Father was in the used car business and an active participant in the stock market. In the early part of 1968, father made several loans with the bank. The purpose for these loans, as indicated on the applications and on the Regulation U forms, was for purchase of business inventory, payment of other obligations in other banks and the purchase of real estate. To obtain these loans or to maintain the required percentage of security, father put up some of his own stock and the custodial bonds in question. Father then defaulted on his repayment of the loan and when the value of the collateral fell below the amount of his loans, the bank sold the stock and custodial bonds.

Children now seek to recover the value of their sold custodial bonds from the bank. The bank joined father as additional defendant on the theory of sole or joint liability. Children claim that these custodial bonds were the property of the children, their interest in the bonds was designated on the face of the instruments and it was improper for the bank to accept them as collateral for father’s individual loans. Children further claim that the bank is liable for knowingly divesting children of their interest in these bonds. Bank [373]*373contends that it is exempt from liability by reason of section 7 of the Pennsylvania Uniform Gifts to Minors Act of June 21, 1957, P. L. 358 (now §5307 of Probate, Estates and Fiduciaries Act of June 30,1972 (No. 164)), 20 PS §3607 which provides the following:

“No . . . bank . . . dealing with any person purporting to act... in the capacity of a custodian, is responsible for determining whether . . . any . . . transfer . . . by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this act, or is obliged to inquire into the validity or propriety under this act of any instrument or instructions executed or given by a person purporting to act ... in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him.” (Emphasis supplied)

In the alternative, the bank contends that because of father’s participation in the series of events which led to the sale of the bonds, he was liable over to the bank or jointly liable with them.

Father contends that he was assured by the bank that these custodial bonds would not be sold but would be utilized only to make his account appear to be properly secured by collateral. Furthermore, father contends he could not be liable because the bank violated Regulation U of the Federal Reserve System relating to loans obtained for the purpose of purchashing or carrying stock. The relevant portion of Regulation U basically provides the following:

“(a) ... no bank shall extend any credit secured directly or indirectly by any stock for the purpose of purchasing or carrying any margin stock in an amount exceeding the maximum loan value of the collateral, as prescribed from time to time for stocks in §221.4 [374]*374(the Supplement to Regulation U), and as determined by the bank in good faith for credit subject to §221.3(s) for any collateral other than stocks.”: 12 C. F. R.§221.1.
“(a) In connection with an extension of credit secured directly or indirectly by any stock, the bank shall obtain and retain in its records for at least 3 years after such credit is extinguished a statement in conformity with the requirements of Federal Reserve Form U-l executed by the recipient of such extension of credit (sometimes referred to as the customer) and executed and accepted in good faith by a duly authorized officer of the bank prior to such extension: ... in determining whether or not an extension of credit is for the purpose specified in §221.1 . . . the bank may rely on the statement executed by the customer if accepted in good faith. To accept the customers statement in good faith, the officer must (1) be alert to the circumstances surrounding the credit and (2) if he has any information which would cause a prudent man not to accept the statement without inquiry, have investigated and be satisfied that the customer’s statement is truthful.”: 12 C. F. R. §221.3.

A bank would be in violation of Regulation U if it loaned amounts in excess of the limitations contained in Regulation U for the period involved. The percentage limitation for the period from November 1963, to June 7, 1968, was 30 percent of value of the stock.

The bank contends that the limitations of Regulation U are not applicable because father executed a Regulation U form relative to each loan and the purpose designated by father, which was set forth on the form, indicated that the proceeds of the loans were to be used for purposes other than purchasing or carrying stock.

Father contends that this “purpose information” was not accepted by the bank in good faith. He con[375]*375tends that the small size of the used car business and the large amounts loaned by the bank should have put the bank on notice that the designated purposes were fictitious and this necessitated more careful scrutiny by the bank.

FINDINGS OF FACT

1. The custodial bonds that serve as the basis of this law suit are as follows:

a.The following bonds were titled in the name of Robert B. Grove, Custodian for Deborah Louise Grove under the Pennsylvania Uniform Gifts to Minors Act:

Name Value Purchase Date Cost
Data Processing $2,000 September 27, 1967 $2,009.78
Allegheny Airlines 1,000 September 30, 1968 1,000.32
Reading & Bates 1,000 December 24, 1968 1,004.58

b.The following bonds were titled in the name of Robert B. Grove, Custodian for Robert B. Grove, Jr. under the Pennsylvania Uniform Gifts to Minors Act:

Name Value Purchase Date Cost
Allegheny Airlines $1,000 September 30, 1968 $1,000.32
Reading & Bates 1,000 December 24, 1968 1,004.58

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66 Pa. D. & C.2d 371, 1974 Pa. Dist. & Cnty. Dec. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grove-v-commercial-national-bank-pactcomplwestmo-1974.