S E C T I O N .
Grape-juice
Hill remains
in pawn after
having become
wine,
and then v i negar.
If a perfon pawn, in fecurity of a debt o f ten firms, a quantity
of the juice of grapes of the fame value, which afterwards becomes
wine * , and then vinegar, and the value of the vinegar be alfb ten
firms, it in that cafe remains in pawn for the debt of ten dirms\ be-
caufe whatever is fit to be fold is: likewife fit to be pawned, fince
worth is requifite to the fitnefs in the one inftance as well as in the
other-, and wine, although not atfir fl qualified for fale, does yet.pof-
fefs that fitnefs ultimately;— whence it is that if a perfon purchafe
the juice of grapes, and it become wine prior to his taking pofleffion,
ftiil the CQmpaft of the fale is not diflolved; but the purchafer has, in
fuch cafe, the option of either adhering to, or riceding from thefoar-
gain; as the goods which he purchafed, having been changed, are
thereby as it were damaged.
A pledge de-
ftroyed in part
is ftill retained
in pawn
with relpedl
to the re-
imainder.
If a goat, eftimated at ten dirms, having been pawned for a debt
of the fame amount, fhould afterwards die, and its lkin be preferved
fo as to bear a value of one dirnt, it is detained in pawn in fecurity of
a like part of the debt; for as a contract of pawn is completed and
perfected by the deftruftion of the pledge, (fince the object of it,
namely, a payment of debt, is then obtained,) it follows that where
a part of the pawn remains, the contraft continues in force in proportion
to that part. It is otherwife where a goat, having been fold,
dies before the purchafer takes pofleffion, and the lkin is preferved;
B y fermentation. (F o r an explanation o f this, fee Prohibited Liquors.)
for
for in that cafe the contrail is completely void,— (that is to fay, it
does not fubfift even in regard to they!?;« ;)— becaufe fale is rendered
void, and entirely done away, by a deftruaion of the goods before the
delivery of them to the purchafer; and fuch being the cafe, it cannot
(in this infiance) revert with refpea to the lkin.
E v e r y fpecies of increafe accruing from a pledge after the execution
of the contraa, (fuch as milk, fru its, .wool, or progeny,^ belono*
to the pawner, as being the offspring of his property t— but they are,
neverthelefs, detained with the original in paivn; for branches are
dependant'on the flock; and the contraa of pawn, being of a binding
nature, extends.over all its branches. If, however, this offspring be
defiroyed in the pawnee’s hands, he is not refponfible for i t ; becaufe
no part of the fum oppofed to the original is oppofed to the offspring,
as that was.not originally included in the contraa, fince the propofal
and acceptance which form the contraa did not relate to, or comprehend
it. If, on the contrary, the original be defiroyed, and the off-
fpring remain whole, it is incumbent on the pawner to redeem the
fame, by payingits proportionate value; that is to fay, the debt mu.ft
be divided proportionably to the value which the original bore at the
time of concluding the bargain, and that which the offspring bears, at
the time of redeeming i t ; and the proportion given to the original is,
upon the lois of it, held to be annulled; but that of the offspring remains
due, -and muft be paid by the pawnee towards the redemption
of it’ . (A variety of cafes are determined by this rule, feveral of
which
* As this is fomewhat obfcure, it may be proper to render it more clear, b y a ftate-
W t of the cafe according to the rules o f proportion., .Suppofe, therefore,, the debt to be
one hundredyftryij, the original pledge valued at one hundred, and its offspring at fifty,_
‘"that cafe the original and offspring,' amounting to one hundred and fifty dirms, are
pawned in fecurity o f one hundred dirms.— N ow , in order to know the proportions o f
pawn which the ongmal.and the offspring rcfpeaively bear to the whole debt, the latter
111 hrlt be multiplied b y the original j and the multiple divided by the whole value o f
both
Any increafe
accruing
from the
pledge is detained
in
pawn along
with it.