Reynolds v. Cridge

Citations

• 131 Pa. 189
• 18 A. 1010
• 1890 Pa. LEXIS 1096

Syllabus

<p>1. In a suit brought lor the conversion of railroad bonds, purchased by plaintiffs subject to a pledge of them to the defendant as collateral security, evidence is admissible of expenses incurred by defendant in saving to the collaterals a largo part if not their whole value, at the time of the conversion alleged.</p> <p>2. A reasonable apprehension of danger may be sufficient to justify a trustee in incurring expenses to preserve the trust property, though it turn out that the danger was not actual; the validity of the charge for such expenditure to be determined by the circumstances as they appeared at the time.</p> <p>3. It is also competent for the defendant to adduce testimony tending to show that the plaintiffs, before the alleged conversion, when asked to aid him in the protection of the bonds, told the defendant that they considered them worthless and refused the request, as some evidence of an abandonment of their interest in them.</p> <p>4. Merely leaving the pledged collaterals in the hands of the defendant, however, with no offer to redeem, but also with no demand by the defendant for payment of the debt secured, is not of itself enough to justify the submission of the question of abandonment to the jury.</p> <p>5. When a specification alleges error in overruling an objection to the offer of an exhibit in evidence, urged on account of the non-production of the original, and neither the paper itself, nor the evidence on which it was admitted as a copy, is set out, it will be treated as abandoned.</p>