Pepper v. Beville’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Strictly speaking the term ‘collateral’, or ‘collateral security’, denotes a pledge of incorporeal personal property, such as stocks, bonds, choses in action, etc., while a ‘pledge’ may be defined as a deposit of corporeal personal property as security, with an express or implied power of sale upon default. This power of sale without resort to judicial proceedings is one of the features which distinguishes a pledge from a lien. Judge Story defined a pledge as ‘a bailment of personal property as a security for some debt or engagement.’ And Mr. Justice Willes held that the right to the property vests in the pledgee only so far as is necessary to secure the payment of the debt. The legal title and general ownership of pledged property^remains in the pledgor, while only a special property— for a special purpose. — passes to the pledgee, and this special property is not enlarged by the pledgor’s default in paying the debt secured at its maturity. The pledgee may detain the pledge until the debt is paid, or sell it, after default, but, subject to this power or special property right, the pledgor retains the legal title and general property right in the goods pledged. [Citations of authority omitted].””

   1 later decision quote this exact passage
   e.g. Aetna Insurance Co. v. Ross