{
  "id": 2088700,
  "name": "ZACHARIAH OWENS Ex'r, v. WILLIAM KINSEY",
  "name_abbreviation": "Owens v. Kinsey",
  "decision_date": "1859-12",
  "docket_number": "",
  "first_page": "245",
  "last_page": "247",
  "citations": [
    {
      "type": "nominative",
      "cite": "7 Jones 245"
    },
    {
      "type": "official",
      "cite": "52 N.C. 245"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "6 Ired. Rep. 309",
      "category": "reporters:state",
      "reporter": "Ired. Rep.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 258,
    "char_count": 3340,
    "ocr_confidence": 0.382,
    "pagerank": {
      "raw": 5.676830387708631e-08,
      "percentile": 0.35672890581651673
    },
    "sha256": "56ba9e887d4ddb1b1a4fb1b4829c9408dd4028d57c751b17337a7b571a710edf",
    "simhash": "1:455e8485bc62ddb8",
    "word_count": 606
  },
  "last_updated": "2023-07-14T15:16:19.129964+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ZACHARIAH OWENS Ex'r, v. WILLIAM KINSEY."
    ],
    "opinions": [
      {
        "text": "Pearson, C. J.\nWe concur in opinion with his Honor, that to constitute a \u201cpawn or pledge,\u201d the article must be delivered. A sale of personal property may be made, and the title will pass without delivery; so a mortgage of personal property may be made without delivery, for it is a sale to bo void on the performance of a subsequent condition, consequently a sale or a mortgage may be made of a runaway slave, or of an anchor which is lost in the bottom of Cnrrituek sound and is not susceptible of delivery. But a pawn or pledge is a bailment of personal property to be kept until a debt is paid, so that delivery is of the very essence; the thing must be deposited, i. e. put into the possession of the party, otherwise, no title-passes, and he cannot maintain an action for the article against the owner who had promised to deliver it, or even against a wrong-doer, who shows no title. Even if the article be delivered, and title is thereby acquired in it, as a pawn or thing pledged, it is necessary for the pawnee to continue his possession, for if he delivers it ba^ck to the pawn- or, he loses his title as against creditors and Iona fide purchasers, although he may recover it from the pawnor, or one who gets it in possession without title; but this supposes the bailment to have been originally perfected by a delivery. These positions are well settled; Doak v. State Bank, 6 Ired. Rep. 309; Barrett v. Oble, 4 Jones\u2019 Rep. 40; Smith v. Sasser, Ibid 43, where the authorities are collected.\nThe other point as to the alleged bailment by the plaintiff to the defendant, after the anchor and chain were found, was properly left to the j ury on the evidence.\nPer Curiam,\nJudgment affirmed.",
        "type": "majority",
        "author": "Pearson, C. J. Per Curiam,"
      }
    ],
    "attorneys": [
      "Jordan, for the plaintiff.",
      "Ilines, for defendant."
    ],
    "corrections": "",
    "head_matter": "ZACHARIAH OWENS Ex'r, v. WILLIAM KINSEY.\nTo constitute a pawn or pledge, the property must be delivered to the paw-nee.\nThis was an action of trover, tried before Manly, J., at the last Fall Term of Currituck Superior Court.\nThe action was brought for an anchor and chain, in which it appeared, they had belonged to aman by the name of Sawyer; and were lost from his vessel in Currituck sound in a gale of wind. Sawyer owed plaintiff\u2019s testator some amount, (not disclosed,) and told testator if he could find the anchor he might dispose of it and pay himself.\nAn anchor was found by defendant which testator claimed to be the one lost by Sawyer, and he made a demand of it on board of Kinsey\u2019s vessel in the sound, when he answered, \u201cI shall be passing here several times.\u201d At another time, defendant said, \u201cLet me keep it, and when I get mine, which is at home, you shall have it.\u201d\nThe plaintiff contended 1st, there had been a valid pledge of the anchor, &c., by way of pawn, which would pnable him to sustain an action; and 2ndly, there had been a bailment of them by plaintiff\u2019s testator to defendant, and the latter was not at liberty to deny plaintiff\u2019s right of property and possession.\nThe Court was of opinion, to constitute a pawn or pledge for security, so as to affect the rights of third parties, there must be \u00e1 possession and delivery; and to constitute a bailment, there must be a submission on Kinsey\u2019s part to hold under Owens, and, in that case, defendant would be bound to surrender it upon demand. Plaintiff excepted.\nVerdict for defendant. Judgment. Appeal by plaintiff.\nJordan, for the plaintiff.\nIlines, for defendant."
  },
  "file_name": "0245-01",
  "first_page_order": 253,
  "last_page_order": 255
}