Elbert v. Kisterbock
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY, IN EQUITY. No. 344 January Term 1888, Sup. Ct.; court below, No. 259 September Term 1883, C. P. No. 3 in Equity.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 8 OF PHILADELPHIA COUNTY, IN EQUITY. No. 344 January Term 1888, Sup. Ct.; court below, No. 259 September Term 1883, C. P. No. 3 in Equity. On September 17, T883, William T. Elbert filed a bill in equity against Josiah Kisterbock and the West Philadelphia Passenger Railway Company, which as subsequently amended averred: That on March 18, 1876, the plaintiff gave to defendant Kisterbock three notes for $11,000 each, and, as collateral security for said notes, certificates for 800 shares of the capital stock of the said railway company belonging…
1Opinion of the Court
Opinion,
Mr. Justice Green :
Undoubtedly, the overshadowing, controlling question in this case is, the character of the plaintiff’s title.
Certainly the relation of pledgor and pledgee was intended *614to be created by tbe original transaction between the parties. We should have no difficulty in enforcing the pledge in this proceeding and in accordance with the decree of the court below, if the proper conditions existed with relation to the substance of the pledge. The case is quite peculiar, not to say without parallel, in its facts.
The plaintiff had possession of two papers which purported to be…
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- Appeal of JeanesSupreme Court of Pennsylvania · 1887
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- Harr v. Market Street Title & Trust Co.Supreme Court of Pennsylvania · 1937
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