Osborn v. Koenigheim

Citations

• 57 Tex. 91
• 1 Tex. L. R. 148
• 1882 Tex. LEXIS 101

Syllabus

<p>1. Delivery of chattels pledged.—A warehouseman’s receipt, negotiable in form, was transferred by the holder as security for a debt to one who at once exhibited the same to the warehouseman having charge of the goods pledged as security, and he at once, at the request of the creditor, and -at his expense, and in his name, effected an insurance on the goods, which were thereafter held for the creditor. Held,</p> <p>(1) That this constituted such an immediate delivery and continuous possession of the property pledged as is contemplated by the statute (Acts of 1879, p. 134).</p> <p>(2) The statute does not require an actual delivery, and whatever act is in law an immediate delivery meets its requirements.</p> <p>(3) What constitutes a delivery of chattels must depend on the nature and situation of the property.</p> <p>(4) The property was, under the facts in this case and the statutes (arts. 2292-2296, 166, 167), subject to attachment; but he who holds property in pledge cannot avail himself of the statutory remedy provided for the trial of the right of property, if the levy be made on notice as the statute directs, and the pledgee’s possession be not disturbed. If, however, possession be taken by the officer under the attachment, the statutory remedy to try right to property may be resorted to.</p>