Mower v. Stickney
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OP WASHINGTON COUNTY. Points and authorities of Appellant: T'i/rst. — The promissory note upon which this action was brought, at the time of the Plaintiff’s levy thereon^ as Sheriff, was in the possession of Patrick McCarthy, as security for the payment of a debt due to him from the payee of the note and was a pledge. See Testimony <& Admissions, fol. 23-27, dbc., of Return ; Bel. on Prom.
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APPEAL PROM THE DISTRICT COURT OP WASHINGTON COUNTY. Points and authorities of Appellant: T'i/rst. — The promissory note upon which this action was brought, at the time of the Plaintiff’s levy thereon^ as Sheriff, was in the possession of Patrick McCarthy, as security for the payment of a debt due to him from the payee of the note and was a pledge. See Testimony <& Admissions, fol. 23-27, dbc., of Return ; Bel. on Prom. Notes, 286-7; 9 Barb., 214; 20th John. 144; Billings vs. Taell, 11 Barb., 620. Notes, deposited as collateral security for a debt, are regarded as pledges, and tbe parties…
1Opinion of the Court
By the Gourt.
Emmett, C. J.
We learn from the record in this case that Whitney, Eenno.& Co., recovered a judgment against Burkleo & Mower in the District Court for the sum of $776.06 and issued an execution thereon, which was placed in the hands of the Sheriff. The Sheriff levied this execution upon a certain promissory note which had been given by the present Defendant, to Burkleo, one of the Defendants in the execution, but which had been pledged to one Patrick McCarthy, as collateral security for a debt of some $138, which Burkleo owed to him. This note was for the sum of $750, dated Nov.…
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