Rose

Action for an accounting. The cause was tried by the court, and judgment rendered in favor of the defendant. A motion by the plaintiff for a new trial was denied, and from this order he has appealed. The facts constituting the controversy between the parties, as disclosed at the trial and shown by the findings of the court, are as follows:

The plaintiff’s assignor, J. S. Emery, made two promissory notes to the defendant—one bearing date September 15, 1896, for $33,319, and the other bearing date December 16, 1896, for $14,950, each payable six months after its date. As collateral security for the payment of the first note he deposited with the defendant forty-two bonds of the Blue Lakes Water Company of $1,000 each, and as collateral security for the payment of the other note twenty-three similar bonds of the same corporation. Each of these pledges was accompanied by an instrument in writing, authorizing the defendant, in case the note for which the security was given should not be paid at its maturity, to sell the pledged property at public or private sale, at any place, with or without any previous notice to the pledgor or any notice whatever of said sale. Neither of the notes…