Postal v. Home State Bank for Savings

I concur in Mr. Justice Bushnell’s opinion as to the regularity of the real estate mortgage foreclosure. I also concur in the findings that plaintiffs are estopped to claim the dividends on the American Logging Tool Company stock which have been paid to the bank. However, I believe that some of the plaintiffs are not entitled to a return of their share of the stock held by defendants.

It is true that the trust instrument limited the trustee’s power to sell, assign, or dispose of the corpus and conferred no right to pledge. The evidence shows that James R. Postal, the trustee, did pledge the…