Gilson v. Martin
Supreme Court of Vermont
Assumpsit for interest upon money, pledged. The case was referred, and the referee reported the following facts: On July 9, 186D, the defendant became bail for the appearance of one Betsey C. Abbott, who had been arrested and put in jail at Middlebury.
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Assumpsit for interest upon money, pledged. The case was referred, and the referee reported the following facts: On July 9, 186D, the defendant became bail for the appearance of one Betsey C. Abbott, who had been arrested and put in jail at Middlebury. To indemnify him therefor, the plaintiff then placed in his hands the sum of one thousand dollars in money, .npon which the defendant gave to the plaintiff a paper writing acknowledging receipt of the money, and agreeing to return it when he should be released from all liability by reason of being bail as aforesaid. It was then the expectation…
1Opinion of the Court
*476The opinion of the court was delivered by
Wheeler, J.
The money deposited with the defendant was in his hands-a pawn or pledge. While he held it as such, he was not chargeable with any intei’est upon it to be paid by himself, for it was not a debt which the plaintiff foreboi’e to him so as to be entitled to payment for the forbearance. . Being a pawnee, he was subject to the liabilities of a pawnee, but not to those of a debtor. In Stoiy Bailm. s. 339, it is laid down that one duty of a pawnee is, to return the pledge and its increments, if any, after the debt or other duty is discharged. Again…
2Cited by3 opinions
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