Potter v. Ketterlinus
Potter v. Ketterlinus
Opinion of the Court
Plaintiff declared in trespass (trover) for the conversion of certain stereotype plates, the property of plaintiff, which had been pledged with defendant as collateral security for a debt due him by plaintiff with authority to sell in one of several specified ways, but which plaintiff declared had been sold in disregard of the stipulated conditions. But the plaintiff failed in the proof. All that was shown by the evidence was that the appellee had assigned the debt to him and with it his rights
Judgment affirmed.
Reference
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- Syllabus
- Bailment — Pledge—Trover and conversion — Assignment of debt. In an action of trespass for conversion where the plaintiff charges that the defendant had sold certain property which the plaintiff had pledged with him as collateral for debt, in violation of the stipulated conditions of the pledge, a nonsuit is properly entered where the evidence shows that the defendant had not sold the collateral, but had merely assigned the debt to another, and with it his rights over the collateral.