Koch v. Han-Shire Investments, Inc.

Murphy, Justice.

This is an appeal from an order of the district court denying plaintiff’s motion for amended findings or in the alternative for a new trial. Plaintiff sought the return of certain stock pledged with the defendant company as security for part of the purchase price of a bottling business. The trial court held that there was a breach of the pledge agreement on the part of plaintiff and denied his claim. The issue presented is whether a creditor-pledgee retains any rights against property pledged by a third-party pledgor when the creditor-pledgee has voluntarily and without…