Samuel Blatchford

“ Article 280 expressly provides that 'the security given by the defendant, when the property consists in movables, shall be responsible that he shall not send away the same out of the jurisdiction of the court; that he shall not make an improper use of them; and that he will faithfully present them after definitive judgment, in case he should be decreed to restore the same to the plaintiff.' This is entirely different from what is said in regard to the plaintiff when he bonds the goods. The only right given him is 'to take the property sequestered into his possession.' Code Pr. art. ”

“ The movables do not belong to him. He only holds them as a pledge, and the property in them remains in the defendant until they are sold under execution upon the judgment.
There can be no question that a steam-tug is such a movable as may be safely kept without use, or that a pledge of it confers no right of use without a special agreement with the owner. If this is a correct view of the law, neither Neafie & Levy, nor their agent or lessee, Black, acquired any right to use the steam-tug, but were guilty of a tort in using it without Keyser's consent. ”

“ The defendant, Black, is treated in all respects as if he had lawful possession and use of the steam-tug in question, whereas, in my judgment, his possession and use were entirely without law or right. He could have no better right than his principals, Neafie & Levy, and they had no right, pending the suit, but that of holding the tug in their possession as a pledge for the payment of their debt. ”