2 Pa. 39 | Pa. | 1845
— That a bond or note. cannot be levied on and sold at judicial sale as a chattel, is too plain to admit of argument. But it is said that it was delivered to the constable for that purpose, by John Cannon, with whom it had been deposited as collateral security for a debt owing to him by Adam Rhoads. But what authority had he to deliver it to the officer to satisfy the debt of another ? It was not put into his hands for that purpose, but as a collateral security only. He has no express authority, as must be conceded; and what implication can arise from his character of pledgee, we cannot comprehend. That Rhoads gave no express consent, is granted; but it is contended, that
Judgment affirmed.