Republic v. PHOENIX S. & L. ASS'N

255 A.2d 39, 254 Md. 532
CourtCourt of Appeals of Maryland
DecidedJuly 2, 1968
Docket[No. 340, September Term, 1968.]
StatusPublished

This text of 255 A.2d 39 (Republic v. PHOENIX S. & L. ASS'N) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Republic v. PHOENIX S. & L. ASS'N, 255 A.2d 39, 254 Md. 532 (Md. 1968).

Opinion

254 Md. 532 (1968)
255 A.2d 39

REPUBLIC REALTY COMPANY, ET AL.
v.
PHOENIX SAVINGS AND LOAN ASSOCIATION, INC.

[No. 340, September Term, 1968.]

Court of Appeals of Maryland.

Decided July 2, 1968.

The cause was argued before HAMMOND, C.J., and MARBURY, BARNES, FINAN, SINGLEY and SMITH, JJ.

Charles C.W. Atwater, with whom were David A. Carney and Mylander & Atwater on the brief, for appellants.

Submitted on brief by Clarence W. Sharp for appellee.

SMITH, J., delivered the opinion of the Court.

The sole question presented in this appeal is whether the chancellor erred in denying interest to appellants (Republic) on the claims which we determined to be legitimate ones against appellee (Phoenix) in Republic v. Phoenix S. & L. Ass'n, 250 Md. 549, 243 A.2d 858 (1968). The plan of reorganization for Phoenix provided for payment of fixed percentages of the prior free share savings accounts on specified dates. Because of the contest relative to the claims of Republic these sums were not paid to Republic on those dates when the holders of other valid free share accounts were paid. The sum claimed by Republic in interest is $5976.02. We shall reverse the action of the chancellor, who, despite the admonition of Maryland Rule 18 c, gave no reason for his ruling.

Phoenix relies on the holding of this Court in Family Savings v. Stewart, 241 Md. 89, 215 A.2d 726 (1966). There the holders of club accounts (Christmas and vacation *534 accounts) had been determined in Family Savings v. Stewart, 232 Md. 424, 194 A.2d 118 (1963), to be entitled to a preference over free shareholders, since the free shareholders were members of the association entitled to attend and participate in annual meetings, to vote for the directors and generally to supervise and manage the affairs of the association, while the holders of the club accounts had no such right or privileges. In the 1966 case these holders of club accounts sought to recover interest before payment was made to free share account holders. This Court determined that under the circumstances the savings share depositors were creditors of the association and that they should be paid their principal before the priority creditors received the demanded interest. Judge Marbury there said for the Court:

"The general rule in this country as set forth in Anno. 69 A.L.R. 1210 is that `where assets are insufficient to pay the principal of all claims, interest upon preferred claims is usually disallowed.' This Court first adopted that rule in Casualty Ins. Company's Case, 82 Md. 535, 582, 34 Atl. 778 (1896), when dealing with the question of allowance of interest on the claims of creditors whose preference was provided for by state statute (taxes, wages and salaries), stating at page 582:
`We think no interest should be allowed on the claim for taxes or on any of the other claims filed against the insolvent company. * * * It is not easy, if indeed it be possible, to place upon a consistent basis many of the decisions in which interest has been allowed or disallowed. Perhaps some of the numerous claims might in strictness be entitled to an allowance of interest under ordinary circumstances; but it does not appear that the amounts asserted to be due have been wrongfully withheld by the Casualty Company. The *535 failure to pay, as far as we can see, has been the result of the company's insolvency. A penalty or damages in the way of interest ought not, therefore, to be added to the sums actually due.'
But see In Re Beckman, 14 A.2d 581 (Pa. 1940), and Bank Com'rs v. New Hampshire Banking Co., 74 N.H. 292, 67 Atl. 583 (1907). More recently the general rule was reiterated and succinctly explained in the case of In Re Inland Gas Corporation, 241 F.2d 374, 379-80 (6th Cir.1957), in the following manner:
`The general rule in bankruptcy and in equity receiverships has been that interest on the Debtor's obligations ceases to accrue at the beginning of proceedings. This is based upon reasoning that interest is a penalty for delay in payment, and where the power of the debtor to pay his contractual obligations is suspended by law, interest during suspension may not be accrued, if the courts are properly to preserve and protect the estate for the benefit of all interests involved.
`Whether interest should be allowed upon claims against the bankrupt Debtors is, we think, no longer to be determined by their relative dignity, in the light of the Saper case. Our decision must be reached by balancing the equities * * *.' (Citing Vanston, supra.) [329 U.S. 156, 91 L.Ed. 162, 67 S.Ct. 237 (1946)]
"We think the lower court erred in decreeing that post-receivership interest be paid to the club account holders." Id. at 97-98.

Family Savings is distinguishable. It was the general rule which was there stated. In Family Savings one class of creditors was seeking interest before another class was paid anything. Here we have creditors of the same class, *536 most of whom received their dividends years ago, while Republic, entitled to the same dividend, is only now receiving that dividend.

The leading case dealing with this precise issue is Armstrong v. American Exchange Bank, 133 U.S. 433, 470, 10 S.Ct. 450, 33 L.Ed. 747 (1890) wherein it is stated:

"In both of the cases it is claimed that the court erred in adjudging that the plaintiff was entitled to interest on the 25 per cent dividend on its claim, from October 31, 1887, until the time the dividend should be paid. * * * In the present case, the claims of the plaintiff, as allowed, do not include interest beyond the date when the bank failed. Interest upon the dividend which it ought to have received on the 31st of October, 1887, is a different matter. The allowance of that interest is necessary to put the plaintiff on an equality with the other creditors."

The Armstrong case, supra, was commented on by way of dictum, in Ticonic Bank v. Sprague, 303 U.S. 406, 411, 58 S.Ct. 612, 82 L.Ed. 926 (1938) where it was stated:

"It is in order to assure equality among creditors as of the date of insolvency that interest accruing thereafter is not considered. But interest is proper when the ideal of equality is served, and so a creditor whose claim has been erroneously disallowed is entitled on its allowance to interest on his dividends from the time a ratable amount was paid other creditors." (citing Armstrong, supra)

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Republic Realty Co. v. Phoenix Savings & Loan Ass'n
255 A.2d 39 (Court of Appeals of Maryland, 1968)

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Bluebook (online)
255 A.2d 39, 254 Md. 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republic-v-phoenix-s-l-assn-md-1968.