Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CUMBERLAND VALLEY SAVINGS AND LOAN ASSOCIATION v. MYERS. (06/30/59)

June 30, 1959

CUMBERLAND VALLEY SAVINGS AND LOAN ASSOCIATION, APPELLANT,
v.
MYERS.



Appeals, No. 27, May T., 1958, and No. 49, May T., 1959, from order of Department of Banking, November 15, 1957, and from order of Building and Loan Board, December 8, 1957, in case of Cumberland Valley Savings and Loan Association v. Robert L. Myers, Jr., Secretary of Banking et al. Order affirmed.

COUNSEL

Thomas P. Mikell, with him William T. Windsor, Jr., Harold S. Irwin, and Saul, Ewing, Remick & Saul, and Irwin, Irwin & Irwin, for appellant.

Mark T. Milnor, with him William G. Watson, for State Capital Savings and Loan Association, appellee.

Sidney Margulies, Deputy Attorney General, with him Anne X. Alpern, Attorney General, for Secretary of Banking, Department of Banking and Building and Loan Board, appellees.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Bok, JJ.

Author: Bell

[ 396 Pa. Page 332]

OPINION BY MR. JUSTICE BELL

Cumberland Valley Savings and Loan Association appealed from the Order of the Department of Banking which denied its application to establish a branch in the vicinity of 32nd Street and Trindle Road, Camp Hill, Cumberland County. Shortly thereafter, Cumberland Valley appealed from an Order of the Building and Loan Board of the Department of Banking which approved the action of the Department of Banking

[ 396 Pa. Page 333]

    which had approved an application of State Capital Savings and Loan Association of Harrisburg, Dauphin County, to establish a branch in a proposed Camp Hill Shopping Center, which was to be located at 32nd Street and Trindle Road, Camp Hill, Cumberland County.

The two appeals were heard together by this Court, and will be decided in this opinion.

Building and Loan or Savings and Loan Associations, unlike their older and bigger cousins, Banks, and Banks and Trust Companies, and Trust Companies were authorized to establish branches for the first time in 1953.*fn1 The "Building and Loan Code" of 1933*fn2 was then amended by Act of December 30, 1955, P.L. 925, § 2, 15 PS Sup. § 1074-204.1.*fn3 Both the "Building and Loan Code" and the "Banking Code" must be construed, as the Legislature undoubtedly intended, in pari materia with the "Department of Banking Code", Act of May 15, 1933, P.L. 565. Cf. Palmer's Appeal, 307 Pa. 426, 161 A. 543; Cresson Borough v. Seeds, 286 Pa. 288, 295, 133 A. 501; White v. Meadville, 177 Pa. 643, 35 A. 695; Commonwealth ex rel. v. Kline, 294 Pa. 562, 144 A. 750; Statutory Construction Act, May 28, 1937, P.L. 1019, Art. IV, § 62, 46 P.S. § 562.

Because the 1955 amendments are so recent, and the amendment to the Building and Loan Code is in some respects far from clear, confusion has arisen among all the parties (1) as to the interpretation of these Acts; and (2) the powers of the Department of Banking, and of the Building and Loan Board; and (3) what orders are reviewable by this Court; and (4)

[ 396 Pa. Page 334]

    the nature of review on appeal. We shall, therefore, review at some length these amendatory Acts, as well as their ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.