McComsey v. McGowan

Opinion by

Me. Justice Linn,

Plaintiff brought this action of replevin against the conservator of Penn National Bank and Trust Company of Beading (afterwards succeeded by the receiver) to recover shares of stock pledged with the bank as collateral on loans made before the conservator was appointed ; he alleged that he had paid the notes and was therefore entitled to the return of the collateral. The defense was that a note in a large sum was unpaid and the collateral was held to secure payment of that note. The plaintiff denied that it was his note. It is unnecessary to state the facts at…