Sutherland v. Morgan

Full title: Leon E. Sutherland et al., Appellants, v. H. D. Morgan et al., Appellees

Court: Appellate Court of Illinois

Date published: Jan 25, 1940

304 Ill. App. 251 (Ill. App. Ct. 1940)

26 N.E.2d 909

Opinion

Gen. No. 9,496. (Abstract of Decision.)

Opinion filed January 25, 1940 Rehearing denied March 19, 1940

PLEDGES, § 15^_ — wrongful transfer by pledgee. In action to compel transfer on books of corporation of certain shares of stock and to enjoin defendants from voting such shares, lower court properly dismissed complaint for want of equity, where stock certificate which had been pledged as collateral security was sold by pledgee without authority, without demand for payment of loan, and before loan was due.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Peoria county; Hon. JOHN T. CULBERTSON, JR., presiding.

Affirmed. Heard in this court at October term, 1939.

George W. Hunt, for appellant;

Leon E. Sutherland, pro se;

S.F. McGrath and Arthur B. Copeland, for appellees.

Opinion by JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed January 25, 1940.