Talty v. Freedman's Savings & Trust Company,
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93 U.S. 321 (1876)
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U.S. Supreme Court
Talty v. Freedman's Savings & Trust Company, 93 U.S. 321 (1876)
Talty v. Freedman's Savings & Trust Company
93 U.S. 321
Where the pledgee parts with the pledge to a bona fide purchaser without notice of any right or claim of the pledgeor, the latter cannot recover against such purchaser without first tendering him the amount due on the pledge.
This was replevin by the plaintiff to recover a collateral security pledged to one Kendig, a broker, and by him sold to the defendant. Under the instructions of the court below, the jury found a verdict for the defendant; judgment was rendered thereon, and the plaintiff sued out this writ of error. The facts are fully set forth in the opinion of the Court.