Rice v. Dillingham
Supreme Judicial Court of Maine
On agreed statement of facts.. Trover for one promissory note and a mortgage of real estate to secure the same. The material facts are stated in the opinion. By the terms of the agreement, if the action could be maintained, a default was to be entered, and damages to be assessed at nisi jjrius, otherwise plaintiff nonsuit. I. The property in controversy is the subject of pledge.
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On agreed statement of facts.. Trover for one promissory note and a mortgage of real estate to secure the same. The material facts are stated in the opinion. By the terms of the agreement, if the action could be maintained, a default was to be entered, and damages to be assessed at nisi jjrius, otherwise plaintiff nonsuit. I. The property in controversy is the subject of pledge. Any tangible property may be pledged, hence not only goods and money, but also negotiable paper may be put in pledge. Story, Bailments, § 290; Edwards, Bailments, § 205. See Bouvier’s Diet. vol. 2, "Pledge,” and cases…
1Opinion of the CourtAppleton, C. J.
The defendant is the assignee of a mortgage and notes, given by one Abner R. Hallowell, to the plaintiff, and by him assigned to the defendant as security, for a loan to him from the defendant, payable in three months from the twenty-first day of June, eighteen hundred and seventy-eight. The plaintiff neglected to make payment at the time specified. The defendant as assignee, foreclosed the mortgage. Shortly after the foreclosure, the plaintiff tendered the defendant the full amount due and costs, and demanded a reconveyance of the estate acquired by virtue of the assignment and the…
2Cases cited2 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
3Cited by1 opinion
- Hicks v. DowdySupreme Court of Alabama · 1919