Fourth Nat. Bank of Nashville v. Stahlman

Me. Special Justice. Caldwell

delivered a concurring opinion as follows:

*395The controlling question in this litigation at its present stage, that submitted for reargnment, is whether the bank is entitled to hold, as secnrity for a pre-exist-ing debt of E. B. Stahlman and wife, collaterals pledged by him with his personal note to the hank for borrowed money.

It'is usual for borrowers of money from banks to secure their loan notes by the pledge of collaterals; and it is allowable in law for the parties to agree at the time that the collaterals so pledged may he held also for the payment of…