Leahy v. Simpson's Administrator
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The evidence shows that the pledgee surrendered the pledge, beyond his control, to the use of the pledgor, to enable the latter to pay his own interest and without a promise of return or account for the proceeds collected. This waived the lien.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The evidence shows that the pledgee surrendered the pledge, beyond his control, to the use of the pledgor, to enable the latter to pay his own interest and without a promise of return or account for the proceeds collected. This waived the lien. Thompson v. JDottiver, 132 Mass. 103; Jones on Pledges, sections 40 and 86; Citizens’ Banh v. Doios, 68 Iowa, 460; Walter v. Staples, 87 Mass. 34; Easton v. Avery, 23 Me. 250; Kimball v. Hildreth, 90 Mass. 168; Colby v. Cressy, 5 N. H. 237; Day v. Swift, 48 Me. 368; City…
1Opinion of the CourtBoro,J.
The plaintiff gave evidence tending to show that, to secure the payment of his 'úotes to Jane N. 'Leahy for about $17,000, Jeptha H. Simpson placed in the hands- of John N. Straat, agent of Jáne M. Leahy, as collateral security for said indebtedness, a number of principal notes and their respective interest notes, all secured by deeds of trust. The interest notes so delivered as collateral security were subsequently redelivered to said Simpson under an arrangement between himself and said Straat, as agent of Jane M. Leahy, whereby Simpson was to collect the same and apply the proceeds in…
2Cases cited3 opinions
- Clark v. IselinSupreme Court of the United States · 1875
- White & Williams v. PlattNew York Supreme Court · 1848
- Baer v. PfaffMissouri Court of Appeals · 1891
3Cited by4 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Carroll v. United Railways Co.Missouri Court of Appeals · 1911
- Jackson v. SmithMissouri Court of Appeals · 1909
- S. J. Marx Company's Trustee v. MarxCourt of Appeals of Kentucky (pre-1976) · 1928