# Equitable Loan Society, Inc. v. Bell

> Supreme Court of Pennsylvania · April 15, 1940 · 339 Pa. 449

URL: https://www.frixlaw.com/law-library/cases/3846895

## Case

- **Full name:** Equitable Loan Society, Inc., Et Al., Appellants, v. Bell, Secretary of Banking, Et Al.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 15, 1940
- **Citations:** 339 Pa. 449; 14 A.2d 316; 1940 Pa. LEXIS 644
- **Precedential status:** Published
- **Opinion:** Concurrence by Linn
- **Judges:** Schaffeb, Schaffer, Maxey, Drew, Linn, Stern, Barnes, Patterson
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3846895

## Opinion text

Concurring Opinion by
Mr. Justice Linn:
I agree that the bill should be dismissed on two grounds. First. None of the sixty-three parties plaintiff has been refused a license; until then, none should be heard to complain of the licensing provisions: compare
Interstate Buses Corp. v. Holyoke Street Railway Co., 273
U. S. 45, 52;
Smith v. Cahoon,
283 U. S. 553, 562 . gecond. The pawnbroking business is subject to regulation by the state. This record shows that some of the plaintiffs, though complying with the statute, can make a reasonable profit. The fact that others cannot, does not permit the court to say that the statute takes property without due process; such persons are not required to stay in the business. But, while I think the
*463
argument that the act is confiscatory as applied to such a business cannot be raised at all, if it can be raised the bill is bad for misjoinder of parties plaintiff, each party having a separate interest depending on separate evidence: see Equity Rule No. 36;
Komenarsky v. Brode,
307 Pa. 156, 158 , 160 A. 713 ;
Ryan v. Reddington,
240 Pa. 350, 353 , 87 A. 285 ;
Bishop v. Demonstration Co.,
276 Pa. 101 , 119 A. 831 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3846895. Public record. Not legal advice.