Wisconsin Bankers Ass'n v. Mutual Savings & Loan Ass'n

307 N.W.2d 180, 103 Wis. 2d 184, 1981 Wisc. LEXIS 2787
CourtWisconsin Supreme Court
DecidedJune 30, 1981
DocketNo. 80-1349
StatusPublished

This text of 307 N.W.2d 180 (Wisconsin Bankers Ass'n v. Mutual Savings & Loan Ass'n) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wisconsin Bankers Ass'n v. Mutual Savings & Loan Ass'n, 307 N.W.2d 180, 103 Wis. 2d 184, 1981 Wisc. LEXIS 2787 (Wis. 1981).

Opinion

PER CURIAM.

The defendant-appellant Mutual Savings and Loan Association (Mutual) seeks a review of a circuit court order which entered a permanent injunction restraining Mutual from specified financial activities. It is the decision of this court to terminate that injunction.

The events underlying this case began in May, 1976. In that month Mutual offered its Supreme Account II to the public. This was a non-interest bearing savings account against which a depositor could write a “negotiable sight draft” payable to a third party. On May 17, 1976, the Wisconsin Bankers Association and two of its members (the banks) commenced an action seeking temporary and permanent injunctions to prevent Mutual from [186]*186offering the Supreme Account II. On June 14, 1976, the circuit court for Milwaukee county, the Honorable Michael J. Barron, refused to grant a temporary injunction restraining Mutual from operating its new program. Subsequent trial and court of appeals opinions found that the accounts in question were not in violation of state law. On May 13, 1980, this court reversed, declaring withdrawals by negotiable sight drafts contrary to sec. 215.17, Stats., if offered by a savings and loan.

The detailed facts in this case have been published in the court of appeals decision, Wis. Bankers Asso. v. Mutual Sav. & Loan Asso., 87 Wis.2d 470, 275 N.W.2d 130 (Ct. App. 1978). On review of the court of appeals decision at 96 Wis.2d 438, 455, 291 N.W.2d 869 (1980), we reversed and sent the case back to the trial court with the following mandate:

“By the Court. — Rights declared; the decision of the Court of Appeals is reversed and cause remanded to the Circuit Court for further proceedings not inconsistent with this opinion.”

Upon remand the trial judge, on July 25, 1980, entered judgment declaring the defendant’s Supreme Account II illegal as inconsistent with the provisions of sec. 215.17, Stats. Judge Barron further ordered the defendant, its officers, directors, agents and employees were required by September 1, 1980, to preclude all depositors from withdrawing any funds from Supreme Account II accounts by utilizing sight drafts which were negotiable and payable to the order of a third party and were man-datorily enjoined from that date from honoring third-party sight drafts written on such accounts. This order in the judgment was consistent with the opinion of this court in Wis. Bankers, supra at 454:

“We hold that the provisions of sec. 215.17 preclude the use of sight drafts payable to third parties to effectuate withdrawals from savings accounts.”

[187]*187This ruling is immediately followed at page 455 by the following:

“On appellate review, plaintiffs have sought ‘a declaration from the court that Supreme [Account] II is illegal.’ . . . Accordingly, the action is akin to one requesting declaratory relief. Thus we declare Supreme Account II illegal as inconsistent with the provisions of sec. 215.17, Stats.”

The trial judge, albeit critically, enjoined the defendant from honoring sight drafts to third persons on Supreme II Accounts. The judge stated that under the decision of this court he had no choice and he was correct.

The issuance of an injunction is appropriate to protect a person’s legal rights.

“Wherever a right cognizable at law exists or is created, a violation of that right will be prohibited, unless there are other considerations of policy or expediency which forbid a resort to the remedy of injunction. . . .
“An injunction merely protects and enforces rights existing under current laws and conditions.” 43 C.J.S., Injunctions sec. 18 (1978).

In the present case the parties sought a declaration of legal rights and this court declared them. The trial court followed this court’s declaration by issuance of the injunction preserving the legal rights as declared since pri- or to this court’s decision, Mutual had violated the banks’ legal rights. Under the circumstances of the court’s remand in this case and order to the trial court to proceed consistent with this court’s opinion, it would not have been consistent with this court’s declaration of rights for the trial judge to rule that the activities of Mutual could continue as long as civil damages could be ascertained. The legal remedy of the bankers in this situation was to have the use of sight drafts to third parties by Mutual terminated until state law was superseded by federal law.

[188]*188The trial j udge consistent with this court’s decision ordered stopped an activity declared by this court to be not sanctioned by law.

Mutual sought temporary relief from this injunction from the court of appeals under sec. 809.12, Stats.1 On August 14, 1980, the court of appeals refused to stay the injunction. On August 16, 1980, the Chief Justice of the Supreme Court ordered the inj unction stayed pursuant to sec. 808.07(1) and (2).2 On August 25, 1980, this court dissolved the stay and ordered the injunction to take effect on October 1, 1980. On August 25, 1980, this court also on its own motion took jurisdiction of an appeal by Mutual challenging the validity of the injunction. On [189]*189September 5, 1980, this court denied a motion by Mutual for an early hearing on this appeal. The injunction took effect as ordered on October 1, 1980. Briefs were submitted and this court heard arguments on June 1, 1981.

Since suit was first commenced between the parties in 1976, changes have been made in federal law which have a controlling impact on the underlying dispute. On March 31, 1980, Congress enacted Public Law No. 96-221. This law authorizes both state and federally chartered savings and loans to offer “Now Accounts.” These accounts are deposits on which interest or dividends are paid and which can be withdrawn by “negotiable or transferable instruments for the purpose of making transfers to third parties.” Public Law 96-221, sec. 303(a) (1).3 This law by its terms went into effect on January 1, 1981. Since that date Mutual and other savings and loans have offered Now accounts to the public under the authority of federal law.

It is clear that federal law now authorizes what was forbidden under state law as declared in Wis. Bankers Ass'n v. Mut. Savings & Loan, 96 Wis.2d 438, 291 N.W. 2d 869 (1980). Under federal law savings and loans may now honor certain negotiable instruments made payable to third parties, though this was not permissible under sec. 215.17, Stats. Our decision declaring rights under sec. 215.17 is still the authority on the meaning of that statute. The restrictions of that statute, however, have been at least in part superseded by federal law.

[190]*190On this review Mutual challenges the validity of the permanent injunction which was imposed on it to insure compliance with this, court’s decision. For the first three months after that injunction went into effect, sec. 215.-17, Stats., was the controlling law. The injunction prevented Mutual from acting contrary to that law.

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Wisconsin v. Illinois
281 U.S. 179 (Supreme Court, 1930)
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Bluebook (online)
307 N.W.2d 180, 103 Wis. 2d 184, 1981 Wisc. LEXIS 2787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-bankers-assn-v-mutual-savings-loan-assn-wis-1981.