Butler v. Savin

This action was brought by the plaintiff to recover the value of two rings pawned with the defendant and not returned by the defendant upon tender of the amount loaned on security of the rings.

The defense was that the rings were stolen from the defendant without fault upon his part. In addition, the defendant filed a cross-petition to recover from the plaintiff the amount loaned to him by the defendant. The court held as a matter of law that the defendant could not recover the amount loaned upon security of the rings without returning the rings and dismissed the cross petition.

The case was…