Craemer

Craemer v. Drake

Good Law
15 Cal. 2d 155·1940 Cal. LEXIS 197·99 P.2d 261
Supreme Court of CaliforniaFebruary 8, 1940L. A. No. 16682; L. A. No. 16699California1,683 words

Opinion

Lead Opinion

Shenk, J.

In the case of In re Pacific Coast Building-Loan Association, L. A. No. 16540 (ante, p. 134 [ 99 Pac. (2d) 251 ]), this day decided, the Building and Loan Commissioner, as liquidator of Pacific Coast Building-Loan Association, petitioned the superior court for instructions concerning the ranking of claims of investment certificate holders and membership shareholders of the association. His petition showed that investment certificate holders had been or would be paid the principal of their claims in full, and a question had arisen as to whether they should be paid interest thereon for the period of liquidation, in which event the assets would be insufficient to pay even the principal of the claims *157 of membership shareholders. A hearing was had, at which various investment certificate shareholders and membership shareholders appeared by counsel and argued the matter at length. The trial court decided in favor of the claims of membership shareholders, ordering payment of their principal before any interest during liquidation might be paid to investment certificate holders. On appeal, we have affirmed the order.

After the lower court’s order, two groups of counsel representing…

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