Pessagno v. Salabes

Bond, C. J., delivered the opinion of the Court. The plaintiff, in a suit in replevin to recover a diamond ring from a pawnbroker, presents for review on appeal an exception to the refusal of his prayer for a ruling of law that if he should be found on the evidence to have been owner •of the ring and to be still owner of it, and to have delivered it to one Margaret Renner for the purpose of having it repaired, and that Margaret Renner had pawned it without his knowledge, consent, or authority, then he would be entitled to recover it from the pawnbroker. After the refusal of that prayer a verdict was rendered for the defendant, and judgment entered accordingly. The plaintiff gave testimony •of a delivery to Margaret Renner as stated, for the sole purpose of having it repaired while he was confined in jail, and denied having given her any authority to pledge.

Margaret Renner was not produced as a witness, and the evidence of her authority is to be found only in the plaintiff’s testimony. Me find no evidence upon which, it might be held that the plaintiff, even though he gave no express authority to pledge, was estopped by reason of having given apparent authority, or by reason of having acquiesced in the exercise of such .authority by Margaret Renner, and there is no contention that there was such an estoppel. The defendant