Hunter v. Hamilton
Supreme Court of Kansas
Error from, Wilson District Court. The opinion states the nature of the action and the material facts. The holder of negotiable paper as collateral security cannot sell the same, but must sue and collect. 1 Dan. Neg. Inst., § 833; Story, Bailm., §§ 318,321; 1 Chit. Cont., p. 670; Luok-etts v. Townsend, 3 Tex. 119; Cortelon v. Lansing, 2 Cain. Cas. 200; 2 Pars. Cont.
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Error from, Wilson District Court. The opinion states the nature of the action and the material facts. The holder of negotiable paper as collateral security cannot sell the same, but must sue and collect. 1 Dan. Neg. Inst., § 833; Story, Bailm., §§ 318,321; 1 Chit. Cont., p. 670; Luok-etts v. Townsend, 3 Tex. 119; Cortelon v. Lansing, 2 Cain. Cas. 200; 2 Pars. Cont. Ill, 118, 119; Jennison v. Parker, 7 Mich. 355. Pawnee cannot sell pledge of negotiable note (and an agreement to that effect is void), but must sue and collect on note. 2 Story, Eq. Jur., §§ 1008, 1009, 1019, 1031; Edw. Bailm.,…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
Robert Hunter brought this action against A. P. Hamilton to recover damages for the alleged wrongful sale and disposition of a pledge. The pledge was a promissory note for $250, executed by James H. White in favor of D. S. Kennett, who turned it over to Hamilton as collateral security for the payment of an indebtedness of $52, which Kennett owed Hamilton. Kennett sold the note to the plaintiff, Hunter, subject to the claim of Hamilton for $52, the payment of which Hunter assumed. White failed to pay the note when it became due, but no…
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