that the indebtedness exceeds the value of the securities it holds; and alleges that but for the negligence of the bank, the securities held by the bank would have paid all Grant’s indebtedness; that large amounts of illegal interest had been taken, which, if properly accounted for, would satisfy the debt of Grant to the bank, and he denies specifically the other allegations of the petition.
The plaintiff, by replication, denies the allegations of the answer.
The plaintiff asked for the following special charges:
1. We ask the court to instruct the jury that if the defendant received the 300 tierces of lard from James B. Grant into his warehouse, and gave him the three warehouse receipts set out in the petition, and while the said lard was so stored in the said warehouse, the said Grant indorsed the said warehouse receipts, delivered and pledged them to plaintiff, under the paper in evidence called a general collateral, dated December 23, 1876, for money then borrowed, or then due, and as a basis of continued debt, or of continued or future loans, and the plaintiff in good faith, relying upon such pledge, subsequently loaned or continued the loans upon the faith of such warehouse receipts as a security, and which loans are now due and owing the bank, then the lard named in such receipts, from the time of such pledge and indorsement, became the property of the plaintiff to the extent of such indebtedness; and if the defendant afterwards gave the said lard to Grant, or to any one else, without the return of said warehouse receipts, and without the consent or knowledge of the plaintiff, whereby it has been lost to the plaintiff, then the defendant is liable in this action to the plaintiff for the value of said lard at the time of its delivery to said Grant and loss to the plaintiff, and the jury may add to such sum as damages a sum equal to 6 per cent. thereon. Given.
2. If the bank loaned money to Grant and received the warehouse receipts in question from him as a security for such loan, while the lard was in the defendant’s warehouse, under the paper called the general collateral, then these
