A Treatise On the Law of Bailments Including Carriers Inn Keepers And Pledge
A Treatise On the Law of Bailments Including Carriers Inn Keepers And Pledge
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The same Subject. — Should the pledge be lost or injured through the failure of the pledgee to use due care and diligence, or his other remissness of duty, the pledgor may bring a special action for damages.^ But the practice is not uniform, as to permitting the pledgor to set off such loss or injury when sued on the principal debt. * Where the pledgee sues his pledgor for wrongfully taking the pledge out of his possession, or keeping its custody in violation of some special trust reposed in hi...m, the latter cannot set up 1 Hancock v. Franklin Ins. Co. , 114 Mass. 155; Overstreet r. Nunn, 36 Ala. 666; Stearns v. Marsh, 4 Denio, 227; Union Bank r. Roberts, 45 Wis. 373; 126 Mass. 516. Whether such surplus may be recovered by way of set-off when the pledgor is sued, see 51 Vt. 378.
2 Conyngham's Appeal, 54 Penn. St. 474; Stephens v. Hartley, 2 Montana, 501; 1 Story Eq. Jur. § 506. But tlie practice in some States tends to simplify common-law procedure in such cases. See Faulkner v. Hill, 104 Mass.
What to read after A Treatise On the Law of Bailments Including Carriers Inn Keepers And Pledge?
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To quickly assess the difficulty of the text, read a short excerpt:
The same Subject. — Should the pledge be lost or injured through the failure of the pledgee to use due care and diligence, or his other remissness of duty, the pledgor may bring a special action for damages.^ But the practice is not uniform, as to permitting the pledgor to set off such loss or injury when sued on the principal debt. * Where the pledgee sues his pledgor for wrongfully taking the pledge out of his possession, or keeping its custody in violation of some special trust reposed in hi...m, the latter cannot set up 1 Hancock v. Franklin Ins. Co. , 114 Mass. 155; Overstreet r. Nunn, 36 Ala. 666; Stearns v. Marsh, 4 Denio, 227; Union Bank r. Roberts, 45 Wis. 373; 126 Mass. 516. Whether such surplus may be recovered by way of set-off when the pledgor is sued, see 51 Vt. 378.
2 Conyngham's Appeal, 54 Penn. St. 474; Stephens v. Hartley, 2 Montana, 501; 1 Story Eq. Jur. § 506. But tlie practice in some States tends to simplify common-law procedure in such cases. See Faulkner v. Hill, 104 Mass.
What to read after A Treatise On the Law of Bailments Including Carriers Inn Keepers And Pledge?
You can find similar books in the "Read Also" column, or choose other free books by James Schouler to read onlineMoreLess
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