National Exchange Bank v. Kilpatric
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Eon. L. B. Wood-side, Judge. One who pledges certificates of stock, notes or other obligations as collateral security has no right to their possession or to sell or dispose of them until he has paid, or offered to pay, the debt for which they stand pledged. Schaaf, Adm., v. Fries, 90' Mo. App. 3; Doak v. Banks, 6 Ired. (N. C.) 309; Durant v. Einstein, 35 How.
Read the full summary
Appeal from Texas Circuit Court. — Eon. L. B. Wood-side, Judge. One who pledges certificates of stock, notes or other obligations as collateral security has no right to their possession or to sell or dispose of them until he has paid, or offered to pay, the debt for which they stand pledged. Schaaf, Adm., v. Fries, 90' Mo. App. 3; Doak v. Banks, 6 Ired. (N. C.) 309; Durant v. Einstein, 35 How. P. 223; McClintock v. Bank, 120 Mo. 127; Tally v. Friedman’s Savings Co., 93 U. S. 321. Defendant cannot complain that the stock of the Thayer Hardware Company did not bring more without some allegation…
1Opinion of the CourtFox, P. J.
This cause is now before this court upon appeal by the plaintiff from a judgment in the Texas Circuit Court in favor of the defendant, Lurah T. Kilpatric. The suit was predicated upon a promissory note executed by Lürah. T. Kilpatric and Nancy E. Sitton for the sum of $5,200. The petition is in the ordinary form declaring upon a promissory note and there is no necessity for reproducing it here. To this petition the defendants interposed the following answer:
“Defendants, for amended answer to plaintiff’s petition, admit the execution and delivery of the note sued upon in this action.
“For…
2Cases cited3 opinions
- State Bank v. BartleSupreme Court of Missouri · 1893
- Pickens v. Yarborough's AdministratorSupreme Court of Alabama · 1855
- Northwestern Nat. Bank v. J. Thompson & Sons Manuf'g Co.Court of Appeals for the Eighth Circuit · 1895
3Cited by13 opinions
- Dibert v. D'ArcySupreme Court of Missouri · 1913
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- Hutchison v. Southern California First National BankCalifornia Court of Appeal · 1972
- First National Bank v. HahnMissouri Court of Appeals · 1917
- Troll v. Daugherty & Bush Real Estate Co.Missouri Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.