Ritter Finance Co. v. Myers

165 A.2d 246, 401 Pa. 467, 1960 Pa. LEXIS 547
CourtSupreme Court of Pennsylvania
DecidedNovember 15, 1960
DocketAppeals, Nos. 1 and 2
StatusPublished
Cited by28 cases

This text of 165 A.2d 246 (Ritter Finance Co. v. Myers) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ritter Finance Co. v. Myers, 165 A.2d 246, 401 Pa. 467, 1960 Pa. LEXIS 547 (Pa. 1960).

Opinion

Opinion by

Me. Justice Bell,

The present appeals in the nature of a broad certiorari were taken by neighboring Small Loan Companies from the Order of the Secretary of Banking which granted a Small Loans License to Household Finance Corporation for a branch office in Levittown.

Household Finance Corporation, the applicant for a Small Loans License, seeks to establish a branch office in an area where within a radius of 7.2 miles there are already 13 licensed small loan company offices. Ritter Finance Company, Inc. (appellant) has two offices in the area, one 900 feet and the other 5.4 miles from applicant’s proposed location. King Finance Corporation (appellant) has an office which is located 6.2 miles from the proposed location.

The Department of Banking, in accordance with its practice, notified each of the small loan companies which are located within the “community”, of Household’s application and offered them an opportunity to file objections in writing within 20 days. Testimony was taken, exhibits offered and a “determination” or Order was made by the Secretary of Banking. Both Ritter and King, although they have never been made parties to this proceeding, filed objections and appeared before the Secretary at the hearing and unsuccessfully protested the grant of a license.

Appellants contend in this appeal (1) that the Secretary of Banking committed fundamental error by relying upon material which was not contained in the record and as to which they had no opportunity for examination or cross-examination; (2) that the evidence was insufficient to support the findings of the Secretary or to justify the grant of a license; and (3) the Secretary based his decision and Order on errors of law.

[469]*469At the threshold of our consideration of this case we are met with the motion of the Secretary of Banking to quash the appeals. The first and basic issue therefore is whether an appeal in the nature of certiorari will lie, and if so whether the present appellants have any standing to appeal.

The Small Loans Act

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Bluebook (online)
165 A.2d 246, 401 Pa. 467, 1960 Pa. LEXIS 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ritter-finance-co-v-myers-pa-1960.