Cases on Torts to Accompany the Editor's Work on That Subject

Cases on Torts to Accompany the Editor's Work on That Subject

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...had made default; it must be taken, too, that the advance for which the debentures were pledged to the defendant by Simpson was of a greater amount than the debt for which Simpson held them; it is consistent with the facts pleaded eitherthat it was repayable before or repayable after the maturity of the plaintiff's bill, and that the debentures were pledged by Simpson along with other securities, from which they could not at Simpson's pleasure, or on tender by the plaintiff of the sum for which they had been pledged to Simpson, be detached; and therefore that Simpson had put it out of his power to apply them by sale or otherwise to the only purpose for which possession of them had been given to him, viz., to secure the payment of his debt and the release of the plaintiff, by the sale of them, from liability on the bill which Simpson had discounted for him. 1 Dissenting. Whether this pledge to the defendant by Simpson was such a conversion by him of the debentures as destroyed his right of possession in them, and revested the plaintiffs right to the possession of them freed from the original bailment, is the question for our decision. The contention that a pawnee is entitled to exercise over the chattel pawned to him a power so extensive as the one which this plea sets up, was before the case of Johnson v. Stear, 15 C. B. N. s. 330, 33 L. J. C. P. 130, if it be not now, wholly unsupported by authority. A pawn is defined by Sir William Jones (on Bailments, pp. 118, 36) to be ' a bailment of goods by a debtor to his creditor, to be kept by him till his debt is discharged; ' and by Lord Holt (Coggs v. Bernard, 2 Ld. Raym. at p. 913) to be ' a delivery to another of goods or chattels to be security to him more

Product details

  • Paperback | 192 pages
  • 189 x 246 x 10mm | 354g
  • United States
  • English
  • black & white illustrations
  • 1236783409
  • 9781236783400