Waldie v. Doll

Citations

• 29 Cal. 555

Syllabus

<p>Pledgee of an Undivided Half of Property.—S. a wagon maker, and W. a blacksmith, entered into an arrangement for the building of wagons, by which S. was to do the woodwork, and W. the ironwork, and W. was also to furnish the materials for the woodwork, for which he was to have a lien as security on the interest of S. in the wagons. Held, that the contract constituted an hypothecation of the interest of S. in the wagons while they were being made, and that when the wagons came into the possession of \W\., he became a pledgee in possession thereof, and was entitled to retain such possession until paid.</p> <p>Possession of Personal Property.—Where two parties own wagons in common, and one pledges his half to the other for advances, if the pledgee keeps the wagons on his premises, and marks them with Ms name, and exercises control over them, the mere fact that the pledgor is painting them, does not show a surrender of possession by the bailee.</p> <p>Error must be Shown.—The appellate Court will not assume that the Court below committed error unless the record shows wherein, and one who alleges error must rely on the record to disclose it.</p> <p>Bulb of District Court as to Instructions.—If there is a rule of the District Court requiring instructions to he handed to the Judge by a certain time in the progress of the trial, it is not error for the Court to refuse to give instructions not handed to the Judge in time.</p> <p>Beading Instructions to the Jury.—Instructions asked by counsel, and refused by the Court, should not he read in the hearing of the jury.</p>