Damon v. Waldteufel

Citations

• 99 Cal. 234
• 33 P. 903
• 1893 Cal. LEXIS 645

Syllabus

<p>Pledge of Piano—Consent of Pledgor to Storage fob Use — Negligent Use — Liability of Pledgee—Counter-claim to Note. — Where a piano was pledged as security for a note, and the pledgor consented that it should be stored with friends, who might use it as compensation for the storage, he cannot complain of negligence on the part of the pledgee in thus storing it, and permitting it to be used, though it may have been injured by negligent use on the part of those with whom it was storéd, nor can he recover damages for such negligent use by way of counter-claim in an action upon the note after sale of the piano by the pledgee.,</p>