Security Trust Co. v. Sullivan

No. 341
Decided Circuit Court of Appeals, Seventh Circuit
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court of the United States for the Northern Division of the Northern District of Illinois
Decided
Judge
WOODS, Circuit Judge
Posture
Order sustaining demurrer in part and referring claim to master
Intervening petitioner/creditor (1)
Security Trust Company
George S. Steere, Clarence S. Brown, Robert McMurdy
v.
Receiver of American Building, Loan & Investment Society (1)
Sullivan
Lorin C. Collins, Jr., William Meade Fletcher
Other parties: American Building, Loan & Investment Society — Insolvent company in receivership, Towle — Plaintiff in underlying case

Overview

The appeal is dismissed because the order is not final and therefore not appealable.

Case summary

Security Trust Company appealed from an order in a receivership proceeding where it had filed an intervening petition claiming priority for certificates of membership held in the insolvent American Building, Loan & Investment Society. The trial court sustained the receiver's demurrer as to the preference claim but referred the validity of the claim to a master. The Circuit Court of Appeals dismissed the appeal, holding the order was not final and therefore not appealable, as the master's report on validity was pending. The court also held that the question of preference cannot be determined on demurrer, as the receiver cannot represent other creditors' interests, and those creditors were not parties.

Abstract

An intervening party in a receivership proceeding claimed priority for membership certificates held in an insolvent building and loan society. The trial court rejected the preference claim on demurrer but referred the claim's validity to a master, leading to an appeal that was dismissed as the order was not final. The appellate court further held that preference cannot be determined on demurrer since the receiver does not represent other creditors, who were not parties.

Opinion of the court

Majority
opinion
WOODS, Circuit Judgejoined by JENKINS, SHOWALTER
  • Order not final because master's report pending
  • Question of priority cannot be determined on demurrer
  • Receiver cannot represent one creditor against another
  • Appeal dismissed for lack of appealable order

Jurisdiction

not challenged
Subject matter
Appeal from federal circuit court
Jurisdictional facts
  • Appeal from order in receivership proceeding

Procedural posture

Posture at trial
Order sustaining demurrer in part and referring claim to master
Posture on appeal
Direct appeal from interlocutory order
Unpreserved issues
  • Finality of order for appealability

Legal categories

Business

Case record

Full case name
SECURITY TRUST CO. v. SULLIVAN
Docket number
No. 341
Court
Circuit Court of Appeals, Seventh Circuit
Trial court
Circuit Court of the United States for the Northern Division of the Northern District of Illinois
Decided
Opinion author
WOODS, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
WOODSJENKINSSHOWALTER

Issues & holdings

1
Issues raised
1
dismissed
2
Holdings
Standard of review

de novo

Disposition rationale

Order not final because master's report pending; question of priority cannot be determined until validity of claim established

Preservation

Issue not preserved

Holdings of the court

Appealability of order
The order is not final and therefore not appealable
Order refers claim to master; if master determines claim valid, court may then consider priority; cannot determine priority on demurrer before final decree
unanimousbinding precedent
Procedure for raising preference claim
Question of right to preference cannot be raised by demurrer to petition presenting claim
Receiver cannot represent one creditor interest against another; creditors over whom preference sought are not parties; demurrer should have been overruled as petition was good for presenting claim for allowance
unanimousbinding precedent

Error analysis

  • Trial court erred in sustaining demurrer to preference claim — procedural · no error foundCourt found order not final, so no error reviewable · not applicable

Standards of review

  • Finality of order for appealability — de novo Court reviews jurisdictional question of whether order is final and appealable

Timeline

appeal eventcited in opinion

Circuit Court of Appeals dismisses appeal for lack of final, appealable order

Outcome: Appeal dismissed

Court determines order not final and therefore not appealable

Finality of order for appealability
Circuit Court of Appeals · Security Trust Company · Sullivan appellate court

Facts & evidence

Key facts

6 facts
  1. Security Trust Company filed intervening petition in receivership case of American Building, Loan & Investment Society
  2. Petitioner claimed to hold certificates of membership issued by the society, allegedly negotiable promissory notes
  3. Petitioner sought allowance of claim and declaration of priority over ordinary shareholders
  4. Receiver demurred to petition on grounds petitioner not entitled to relief sought
  5. Court sustained demurrer as to preference claim but referred validity of claim to master
  6. Petitioner elected to stand by petition

Procedural history

5 steps
  1. Intervening petition filed by Security Trust Company
  2. Receiver filed demurrer
  3. Court heard demurrer along with similar petitions
  4. Court entered order sustaining demurrer as to preference and referring claim to master
  5. Appeal taken from that order

Evidence in the record

Documentary
  • Certificates of membership issued by American Building, Loan & Investment Society
Challenged
  • Evidence type: Petition claiming preference · Challenge basis: Demurrer on grounds petitioner not entitled to relief · Trial court ruling: partially admitted · Reasoning: Court sustained demurrer as to preference but referred validity to master · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Certificates of membership

Authorities

Standards & doctrines

  • Finality doctrine for appealability

Legal principles applied

  • Order not final if master's report pending
  • Receiver cannot represent one creditor against another in preference dispute
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Legal actions
Action type
dismissed
Target
Appeal
Appealed from
Circuit Court of the United States for the Northern Division of the Northern District of Illinois
Context
Appeal dismissed because order is not final and therefore not appealable
Scope
full
Disposition vote
unanimous
Search facets
Parties
Judges
JenkinsWoods
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