Thomas v. Graves
Supreme Court of Vermont
Appeal in Chancery. Heard on tbe pleadings and finding of facts by the chancellor at the December Term, 1913, Bennington County, Slack, Chancellor. The following material facts were found by the chancellor.
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Appeal in Chancery. Heard on tbe pleadings and finding of facts by the chancellor at the December Term, 1913, Bennington County, Slack, Chancellor. The following material facts were found by the chancellor. On December 31, 1912, the defendant was indebted to the oratrix in the sum of approximately $6,325, evidenced by two promissory notes, one for $6,000, dated April 1, 1911, and payable one year after date, and one for $400, dated August 1, 1911, and payable three months after date, both of which notes were unsecured. Just prior to December 31, 1912, the oratrix placed these notes in the…
1Opinion of the CourtWatson, J.
The bill of sale from the defendant to the oratrix of the personal property enumerated in exhibit 1, accompanied by the delivery of the possession of such property, as security for the payment of the latter’s two notes against the former, constituted a pledge, the delivery by the pledgor to the pledgee, of the key to the house containing the property pledged, being in law a constructive delivery of the possession of the property itself. Jones on Pledges, §37; Chappel v. Marvin, 2 Aik. 79, 16 Am. Dec. 684.
The pledgee being so in possession of the pledge, she could not be deprived of such…
2Cases cited12 opinions
- Bryan v. . BaldwinNew York Court of Appeals · 1873
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- White River Savings Bank v. Capital Savings Bank & Trust Co.Supreme Court of Vermont · 1904
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
- Atkinson v. BrooksSupreme Court of Vermont · 1854
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