If, therefore, the jury shall find from the evidence in the case that the warehouse receipts in controversy were assigned and delivered by Grant to the plaintiff in pledge as collateral security for any general indebtedness which then or might thereafter exist from Grant to the plaintiff, and said Grant was then indebted, or afterwards beeame indebted, upon the faith and credit of these papers to the plaintiff, and such indebtedness remains unpaid, and the defendant, without the knowledge and consent of the plaintiff, surrendered the lard to Grant, the plaintiff will be entitled to your verdict for the value of the property, not exceeding the amount of the indebtedness by Grant to the bank, and to this the jury may add a sum equal to 6 per cent. interest to the first day of the term.
The defendant, having delivered to Grant these receipts, placed it in his power to treat with the plaintiff upon the faith of them, and his statement in them that the lard was to be delivered upon the order of Grant, upon the return of the receipts, was a representation upon which the plaintiff had a right to rely; and if, without the return of such receipts, he delivered this lard to Grant, it will not protect him in this case.
If the jury find from the evidence in the case that all of the warehouse receipts in controversy were not pledged as general collaterals for general indebtedness of Grant to the plaintiff, but were pledged as special collaterals to secure specific loans, and the loans for which they were pledged have all been paid, then your verdict will be in favor of the defendant; or, if a portion of them were so specifically pledged, the plaintiff would not be entitled to a recovery for those so pledged.
Verdict for plaintiff in the sum of $8,955.20.
