Opinion
No. 30468
Decided November 7, 1945.
Supreme Court — Dismissal — No debatable constitutional question involved — Accord and satisfaction — Necessity for and existence of consideration — Building and loan association in liquidation — Restricted operation through board of directors — Final liquidating dividend ordered by directors — With interest for liquidating period at rates specified in deposit contracts — Varying from four to six per cent — No preference among creditors, when — Condition in dividend checks — Acceptance a release and full payment of claims and interest — Acceptance by depositor-creditors — Barred from claiming six per cent interest, when — Action by depositor-creditors for six per cent interest — Defense of accord and satisfaction available to directors, when.
APPEAL from the Court of Appeals of Montgomery county.
Messrs. Froug Froug, for appellants.
Messrs. Estabrook, Finn McKee, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.