182 Pa. 281 | Pa. | 1897
Opinion by
The facts which are important in considering the question raised are briefly these: In 1893, J. S. Wilhelm made an assignment of all his property for the benefit of his creditors to the Commonwealth Guarantee Trust and Safe Deposit Company. The trust company at the time of the assignment held his promissory note payable on demand for $15,000, and as collateral security for its payment it held certain stocks and a judgment for $15,000, which was the first lien on his real estate. The company sold the stock collateral and realized from its sale June 5, 1895, the sum of $1,662.08 which was applicable to the debt secured by the note. As assignee it sold the real estate by direction of the court discharged of the lien of judgments. The sale was confirmed September 5, 1895, and the amount realized was more than sufficient to pay in full its judgment of $15,000 with interest, and the balance went in part payment of the judgments of the appellants, who were subsequent lien creditors. The company made no application of the amount received from the sale of the stocks or of the amount realized by the sale of the real estate, and before the auditor it claimed and was awarded interest in full on its note to the date of distribution, March 17, 1897.
The appellants, who are subsequent lien creditors, concede the right of the company to receive full payment of its note, but they claim that the amount realized from the sale of the stock collateral should have been credited on the note on the day of its receipt, and that the amount applicable to the payment of the collateral judgment should have been credited on the note on the day of the confirmation of the sale of the real estate, thus reducing the amount of the original claim on those dates and stopping the running of interest.
The company sold the stock held as collateral, not as assignee, but as pledgee. Its power under the terms of the pledge was to sell and to apply the proceeds to the payment of the note. This power it exercised, and it was bound to apply the proceeds at once. It could not, after converting the stock into money, hold the money as collateral and allow interest to run on the note. The power to sell was that it might pay the note, and when it sold and received the money its claim to that extent was extinguished. The real estate was sold discharged of liens