Carolina Industries Inc. v. CMS Brokerage Inc., GR No. L-46908

CAROLINA INDUSTRIES, INC. vs. CMS STOCK BROKERAGE, INC. G.R. No L-46908 May 17, 1980 FACTS: The plaintiff Carolina Industries Inc. filed a case against the defendant CMS Stock brokerage, Inc., which is engaged in the business of buying and selling of stocks and securities for and in behalf of investors. The defendant made a stock puchases in favor of plaintiff nothwithstanding that the plaintiff’s account was undermargin or above the 50% ceiling required under Section 18 (a) (1) of the Securities Act. ISSUE: Whether or not the defendant’s excessive extension of credit in favor of plaintiff violates the Security Act. HELD: Yes. The Supreme Court generally follow American interpretations of laws adopted from the United States like the Securities. They have previously stated that in case of laws patterned after or adopted from those of the United States, decisions of United States courts construing similar laws are entitled to great weight. Generally speaking, when a statute has been adopted from another State and such statute has previously been construed by the courts of such State or country, this statute is deemed to have been adopted with the construction so given it. It has been uniformly held that if a broker extends credit to a customer in violation of the Securities Act or the regulations promulgated pursuant thereto, all to induce a customer to purchase securities, then the broker has violated the law and the customer may recover from him any loss proximately resulting therefrom. The customer’s right of action is not affected by his participation in the transaction “Since the legislation regarded him as incapable of protecting himself.” It has been held that such protection was intended to apply only to innocent investors as distinguished from those who lose their innocence and wait to see how their investments turn out before deciding to invoke the act. The acts of protecting of investors extends to corporations as well as to individuals.