Handy v. Sibley
Ohio Supreme Court
Error to tbe Circuit Court of Hamilton County. The original action was commenced in the court of common pleas of Hamilton county, by the defendant in error, James W. Sibley, against Helen A. Handy, Mariette B. Handy, Charles E. Handy, Jennie A. Handy (now Jennie A. Rhodes), Anna W. Handy and Eugene F. Williams, plaintiffs in error, and Truman B. Handy, to foreclose a mortgage, as hereinafter set forth.
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Error to tbe Circuit Court of Hamilton County. The original action was commenced in the court of common pleas of Hamilton county, by the defendant in error, James W. Sibley, against Helen A. Handy, Mariette B. Handy, Charles E. Handy, Jennie A. Handy (now Jennie A. Rhodes), Anna W. Handy and Eugene F. Williams, plaintiffs in error, and Truman B. Handy, to foreclose a mortgage, as hereinafter set forth. On March 27, 1883, Helen A. Handy, Mariette B. Handy, Charles E. Handy, Jennie A. Handy and Anna W. Handy, children of Truman B. Handy, executed and delivered to their father, their promissory…
1Opinion of the CourtUickman, J.
Independent of the power of sale vested in James "W. Sibley, by the instrument of writing dated April 2, 1883, he would not have been authorized to sell at public or private sale the note and mortgage of twenty-five thousand dollars, which Truman B. Handy had pledged as collateral security for the payment of his note of fifteen thousand dollars. There is a distinction between a pledge of ordinary chattels, and a pledge of commercial paper. A pledge of the latter as. collateral security for the payment of a debt, does not, in the absence of a special power for that purpose, authorize the…
2Cases cited6 opinions
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Maitland v. Citizens' National BankCourt of Appeals of Maryland · 1874
- Fisher v. FisherMassachusetts Supreme Judicial Court · 1867
- Joliet Iron & Steel Co. v. Scioto Fire Brick Co.Illinois Supreme Court · 1876
- Zimpleman v. VeederIllinois Supreme Court · 1881
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