 | Charles Greenstreet Addison - Contracts - 1849 - 686 pages
...If the contract is a mere contract of pledge, and nothing more, there is no implied power of sale. " A right of lien gives no right to sell the goods," but if it is reasonably to be inferred, from the nature of the transaction between the parties, that the... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1900 - 804 pages
...remuneration to which they were entitled." In Pothonier v. Dawson, Holt, NP 383, Chief Justice Gibbs said: "Undoubtedly, as a general proposition, a right of lien gives no right to sell the goods." This was obiter, but nevertheless, from the eminence of the author, it is entitled to great weight.... | |
 | Banks and banking - 1859 - 972 pages
...deposited to secure tho repayment at a time agreed upon for money lent. In that case Qibbs, CJ, says, ' Undoubtedly, as a general proposition, a right of lien gives no right to sell the goods. Bat when goods are deposited by way of security to indemnify a party against a loan of money, it is... | |
 | Maxwell Alexander Robertson - Law reports, digests, etc - 1866 - 1190 pages
...Justice Gibbs said, " Undoubtedly, as a general proposition, the right of lien gives no right to sell goods ; but when goods are deposited by way of security...rights are more extensive than such as accrue under the ordinary lien in the way of trade." It appears to me that considerable confusion has been introduced... | |
 | Francis Turner - Pawnbroking - 1866 - 384 pages
...Pothonier v. Dawson : If goods are deposited as a security for a loan of money, the lender's lights are more extensive than such as accrue under an ordinary lien in the way of trade ; and it may be inferred, that the contract between the parties is, that if the borrower do not repay... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1868 - 1028 pages
...object. In Pothonier v. Dawson (a), cited in argument in Legg v. Evans (/;), Gibbs CJ said, pp.385. 401, "Undoubtedly, as a general proposition, a right of...against a loan of money, it is more than a pledge (e) . The lender's rights are more extensive than such as accrue under an ordinary lien in the way... | |
 | Great Britain. Court of King's Bench, William Mawdesley Best, George James Philip Smith - Law reports, digests, etc - 1868 - 1016 pages
...Puthonier v. Dawson (a), cited in argument in Legg v. Evans (b), Gibbs C. J. said, pp. 385. 401, " Undoubtedly, as a general proposition, a right of...to sell the goods. But when goods are deposited, by rcay of security, to indemnify a party against a loan of money, it is more than a pledge (c).. The... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1869 - 668 pages
...authorities. In the case of Pothonicr v. Dnwson, Holt NP 383, before Chief Justice Gibbs, he says: " Undoubtedly, as a general proposition, a right of...against a loan of money, it is more than a pledge." He places it on the ground of an implied authority, arising from the nature of the transaction, that... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...Dawson, Holt, NP at p. 385, cited in argument in Legg v. Evans, 6 M. & W. at p. 40, Gibbs, CJ, said, " Undoubtedly, as a general proposition, a right of...against a loan of money, it is more than a pledge. [Qucere, whether " pledge " should not be read " lien.'?] The lender's rights are more extensive than... | |
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Undoubtedly, as a general proposition a right of lien gives no right to sell the goods. But when goods are deposited by way of security, to indemnify a party against a loan of money, it is more than a pledge. The lender's rights are more extensive than... 
