Treadwell v. Davis

Citations

• 34 Cal. 601

Syllabus

<p>Statement on Appeal.—When questions of law alone are sought to be reviewed on .appeal, and a statement of facts be necessary to their explanation, a statement on appeal, rather than a motion for new trial and statement thereon, is the appropriate mode of procedure.</p> <p>Pledge op Goods—Rights of Pledgee.—Plaintiff and Templeton were severally creditors of Thompson. Templeton, as security for his debt, held in pledge Thompson’s goods, of greater value than the sum of both plaintiff’s and Temple-ton’s debts. By an arrangement between them, plaintiff guaranteed to Templeton the payment-of his debt, and received from him an assignment and the possession of said goods, in pledge to secure the payment of the debts of both plaintiff and Templeton. Thompson, who was not a party to this arrangement between plaintiff and Templeton, afterwards expressed himself gratified at its consummation. Thereafter defendant, as Sheriff of the City and County of San Francisco, levied upon and took said goods from plaintiff’s possession, under a lawful writ of attachment against the property of Thompson, issued out in the suit of Martin v. Thompson, whereupon plaintiff brought this action against defendant for said seizure, and to recover the full value of said goods. Held, first, that Templeton lost his lien on the goods, as pledgee, by surrendering them to plaintiff and taking said guaranty for his debt; second, that by said arrangement between Templeton and plaintiff, and the subsequent assent thereto by Thompson, plaintiff acquired, as pledgee, a valid lien on said goods to secure the payment of both said debts; and third, that plaintiff is entitled to recover in this action, and his right of recovery is not limited to his interest only, as pledgee of the goods, but extends to the whole value of the goods.</p> <p>Idem—Measure of Recovery by Pledgee for Conversion of Pledged Goods.— In an action by the pledgee against a stranger for the conversion of pledged property, the rule is, t