Franklin Trust Co. v. Goerke

(Dissenting.) My study of the case leads me to the conclusion that the judgment should be affirmed.

The question requiring decision in this case is whether, under the particular proofs here exhibited, the bank, pledgee, was liable to defendant, pledgor, in damages, for its failure upon pledgor’s direction, to sell the collateral which he hypothecated with it as further security for the payment of his note, although the bank did not, in the first instance, agree so to do.

The theory or basis upon which the case was tried, and upon which liability was fastened upon the bank, was that it was…