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amount of the indebtedness to secure which it was pledged, if it appears that the stock has no market or ascertainable value, and that the pledgor purchased it for investment with a view to anticipated increase in value, and that he can not purchase other shares in the corporation for the reason that no holder will sell them. Where there is no difference in the value of the shares, and the certificate of stock pledged has been conveyed by the pledgee to a bona fide purchaser for value, the court may compel the pledgee to convey stock owned by him. in lieu of the certificate received from the pledgor.'

'Krouse v. Woodward, 110 Cal. 638, 42 Pac. Rep. 1084; Atkins v. Gamble, 42 Cal. 86, 10 Am. Rep. 282, as to recovering the identical shares; White v. Schuyler, 1 Abb. Pr. N. S. (N. Y.) 300; Buckmaster v. Consumers' Ice

Co., 5 Daly (N. Y.) 313; Cushman v. Thayer Manuf. Jewelry Co., 76 N. Y. 365, 32 Am. Rep. 315; Adams v. Messinger, 147 Mass. 185, 9 Am. St. Rep. 679, 17 N. E. Rep. 491.

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to the pledged property are covered by the lien, 32, 33.

ACCOMMODATION PAPER,

holder of, in pledge for pre-existing debt, 122.

it does not matter that holder has notice of fact, 123.

may be effectually pledged for pre-existing debt, 124.

note held as collateral, discharged by tender of principal debt, 547.
pledgee may enforce before collecting principal debt, 673.

in suit upon, pledgee can recover only to extent of debt secured,

ACCOUNT,

bill in equity to obtain upon redemption of pledge, 557.

ACTION, 589-757.

by pledgor against pledgee after illegal sale of pledge, 746.
See REMEDIES.

ADMINISTRATOR, 481-492.

676.

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pledgor may act for pledgee in selling pledged goods, 43.
for sale only can not pledge, 65a.

holding negotiable paper can effectually pledge it, 96.

of debtor, misapplication of negotiable securities by, 97.

AGENT-continued.

(References are to Sections.)

no power to pledge goods of principal, 327.
pledging under previous direction, 328a.
ratification of unauthorized pledge, 328a.
when not a factor within the factors' acts, 344.
to be a factor his business must end in a sale, 345.
whose authority to sell has been revoked, 347.
transferring stock in pledge, 493.

buying stocks for undisclosed customer, 494, 494a.
of pledgee buying in good faith, 740a.

misapplication of negotiable collaterals by pledgee's agent, 565.

AGREEMENT

to pledge distinguished from actual pledge, 28.

to pledge amounts to nothing as security, 29.

ALABAMA,

statute requiring receipt for pledge, 5.

statute regulating transfer of stock, 181.

statute relating to negotiability of warehouse receipts, 283a.

pledgor's interest subject to garnishment, 375.

statute regulating sales of pledged property, 617.

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of securities by debtor to creditor presumed a pledge, 17.

of contract in pledge, 136, 136a.

effect of provision in contract against, 136a.

absolute of stocks may be shown to be a pledge, 155.

by pledgor of his interest, 364–371.

is subject to lien of the pledge, 364.
given only pledgor's interest, 365.

(References are to Sections.)

ASSIGNMENT-continued.

notice to assignee of the pledge, 367.

notice by assignee of the assignment, 368.
action for prior conversion of the pledge, 369.
assignee entitled to redeem, 370.

Of pledge by pledgee, 418-428.

pledgee's assignee stands in his place, 418.

of pledge without the debt, 419.

original contract not destroyed by, 420.

no implication of law that pledgee will keep possession, 421.
pledgor can not maintain trover in consequence of, 422.

can pass no greater interest than pledgee has, 423.

except in case of negotiable paper, 424.

ASSUMPSIT

by pledgor for money received by pledgee on sale of pledge, 580.

ATTACHMENT,

whether shares transferred merely by delivery of certificate subject to, 177.

of shares with knowledge of prior equitable transfer, 179.

in what states transfer of certificate effectual against, 180-220.

Liability of pledgor's interest to, 372-392.

not liable at common law, 372.

only in equity or by statute, 372.

not subject to trustee or garnishee process, 373.

statutes of several states in regard to attaching pledgor's interest, 374-392

Of pledged property by pledgee, 599–601.

pledgee generally waives by attaching same property, 599.

but may attach other property of pledgor, 599.

can not attach pledged goods in hands of his agent, 600.
may attach same goods on other demand, 601.

AUCTION,

sale of pledge must be at public, 603.

B

BANK-BILLS

pledged, trover for conversion, 562.

BANKER

may have general lien for balance due, 360.

but not when pledge is for a specific loan or debt, 360.

BANKRUPTCY AND INSOLVENCY,

upon bankruptcy of the pledgor, pledgee still holds the pledge, 584.

assignee holds subject to same equities as the debtor, 585.

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