A Treatise On the Law of Usury, Pawns Or Pledges, And Maritime Loans
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In our eReader you can find the full English version of the book. Read A Treatise On the Law of Usury, Pawns Or Pledges, And Maritime Loans Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book A Treatise On the Law of Usury, Pawns Or Pledges, And Maritime Loans
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R., 167). It is undoubtedly true that a pawn is complete by delivery, but a sale is complete by contract. The delivery of a pledge may be actual or constructive.
It need not be an actual manual delivery of the thing itself. It is sufficient if it passes the mdicia of ownership. Thus in the case of a ship, the delivering over of the muniments of title is a delivery of the ship ; and goods at sea' may be passed in'pledge by a transfer of the muniments of title, as by a written assignment of the b...ill of lading. This is equivalent to actual possession, because it is a delivery of the means of obtaining possession. It has been lield that goods in a warehouse may be pledged, and that the deUvery of the keys of the warehouse is a delivery of the goods in it {JSyell V. Bolle, supra).
The New York Court of Appeals declared, at an early day, that possession of the property is essential to the existence of a pledge ; but that the possession may be according to the nature of the sub- ject. And it was held that, where the property is not capable of manual delivery and possession, for example, shares of stock in an incorporated company, a pledge may be created by a written trans- fer thereof; and it was said that the transaction may be a pledge instead of a mortgage, although the legal title passes to the creditor ; that the transfer of the legal title is not in any case inconsistent with a pledge, if the debtor has a right to the restoration of the property, on payment of the debt at any time, although after it Mis due.
What to read after A Treatise On the Law of Usury, Pawns Or Pledges, And Maritime Loans?
You can find similar books in the "Read Also" column, or choose other free books by Ransom H Ransom Hebbard Tyler to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
R., 167). It is undoubtedly true that a pawn is complete by delivery, but a sale is complete by contract. The delivery of a pledge may be actual or constructive.
It need not be an actual manual delivery of the thing itself. It is sufficient if it passes the mdicia of ownership. Thus in the case of a ship, the delivering over of the muniments of title is a delivery of the ship ; and goods at sea' may be passed in'pledge by a transfer of the muniments of title, as by a written assignment of the b...ill of lading. This is equivalent to actual possession, because it is a delivery of the means of obtaining possession. It has been lield that goods in a warehouse may be pledged, and that the deUvery of the keys of the warehouse is a delivery of the goods in it {JSyell V. Bolle, supra).
The New York Court of Appeals declared, at an early day, that possession of the property is essential to the existence of a pledge ; but that the possession may be according to the nature of the sub- ject. And it was held that, where the property is not capable of manual delivery and possession, for example, shares of stock in an incorporated company, a pledge may be created by a written trans- fer thereof; and it was said that the transaction may be a pledge instead of a mortgage, although the legal title passes to the creditor ; that the transfer of the legal title is not in any case inconsistent with a pledge, if the debtor has a right to the restoration of the property, on payment of the debt at any time, although after it Mis due.
What to read after A Treatise On the Law of Usury, Pawns Or Pledges, And Maritime Loans?
You can find similar books in the "Read Also" column, or choose other free books by Ransom H Ransom Hebbard Tyler to read onlineMoreLess
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