Combs v. Tuchelt
Supreme Court of Minnesota
This action was brought in the district court for Eamsey county. The complaint, among other things, alleged that upon the application of Parker, Holmes & Co. the said court made an order directing the plaintiff, as receiver of the effects of F. W. Tuchelt & Co., to keep all and singular certain described cig'- ”s separate from the other property and effects in the plaintiff’s hands as such receiver, and that all such cigars, and the proceeds of such thereof as he might…
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This action was brought in the district court for Eamsey county. The complaint, among other things, alleged that upon the application of Parker, Holmes & Co. the said court made an order directing the plaintiff, as receiver of the effects of F. W. Tuchelt & Co., to keep all and singular certain described cig'- ”s separate from the other property and effects in the plaintiff’s hands as such receiver, and that all such cigars, and the proceeds of such thereof as he might dispose of, be so retained separately by the plaintiff until the further direction of the court in regard to the disposition…
1Opinion of the CourtBerry, J.
The general rule is well settled that to constitute a pledge, the pledgee must take possession, and to preserve it, must retain possession of the pledged property. If, after having taken possession, he relinquishes it, the pledge is extinguished. Kimball v. Hildreth, 8 Allen, 167.
The court by which this action was tried below finds that Mann, as agent of the pledgees, took possession of the cigars, (the pledged property,) and that he always retained such possession until, against his protest, the property was taken from *425bis possession by tbe plaintiff. The plaintiff contends that as respects…
2Cited by5 opinions
- First National Bank v. CapertonMississippi Supreme Court · 1897
- Clark v. CorserSupreme Court of Minnesota · 1923
- Goembel v. HeeschSupreme Court of Minnesota · 1942
- Goza v. FAIRMONT NATIONAL BANK OF FAIRMONTSupreme Court of Minnesota · 1972
- Muhleman & Kayhoe, Inc. v. BrownSuperior Court of Delaware · 1945