Hart v. Tyrrell

This suit was brought by George E. Hart against W. C. Tyrrell and W. C. Tyrrell, Jr., to recover certain securities or their value. The securities were alleged to have been the property of plaintiff, to have been held by Tyrrell, Sr., as assignee for the security of a note also assigned to him, and the latter having transferred to his son, Tyrrell, Jr., the securities in question for a sum equal to the balance due on the note, which is alleged to be much less than their value.

The transaction is assailed on the ground that the attempted sale of the collateral was a nullity and amounted to no…