pledge 音标拼音: [pl'ɛdʒ]
n . 保证,誓言,抵押
vt . 保证,使发誓,抵押,典当,举杯祝…健康
保证,誓言,抵押保证,使发誓,抵押,典当,举杯祝…健康
pledge n 1 :
a deposit of personal property as security for a debt ; "
his saxophone was in pledge "
2 :
someone accepted for membership but not yet fully admitted to the group 3 :
a drink in honor of or to the health of a person or event [
synonym : {
pledge }, {
toast }]
4 :
a binding commitment to do or give or refrain from something ;
"
an assurance of help when needed "; "
signed a pledge never to reveal the secret " [
synonym : {
assurance }, {
pledge }]
v 1 :
promise solemnly and formally ; "
I pledge that I will honor my wife " [
synonym : {
pledge }, {
plight }]
2 :
pay (
an amount of money )
as a contribution to a charity or service ,
especially at regular intervals ; "
I pledged $
10 a month to my favorite radio station " [
synonym : {
pledge },
{
subscribe }]
3 :
propose a toast to ; "
Let us toast the birthday girl !"; "
Let '
s drink to the New Year " [
synonym : {
toast }, {
drink }, {
pledge },
{
salute }, {
wassail }]
4 :
give as a guarantee ; "
I pledge my honor "
5 :
bind or secure by a pledge ; "
I was pledged to silence "
Pledge \
Pledge \,
n . [
OF .
plege ,
pleige ,
pledge ,
guaranty ,
LL .
plegium ,
plivium ;
akin to OF .
plevir to bail ,
guaranty ,
perhaps fr .
L .
praebere to proffer ,
offer (
sc .
fidem a trust ,
a promise of security ),
but cf .
also E .
play . [
root ]
28 .
Cf .
{
Prebend }, {
Replevin }.]
1 . (
Law )
The transfer of possession of personal property from a debtor to a creditor as security for a debt or engagement ;
also ,
the contract created between the debtor and creditor by a thing being so delivered or deposited ,
forming a species of bailment ;
also ,
that which is so delivered or deposited ;
something put in pawn .
[
1913 Webster ]
Note :
Pledge is ordinarily confined to personal property ;
the title or ownership does not pass by it ;
possession is essential to it .
In all these points it differs from a mortgage [
see {
Mortgage }];
and in the last ,
from the hypotheca of the Roman law .
See {
Hypotheca }. --
Story .
Kent .
[
1913 Webster ]
2 . (
Old Eng .
Law )
A person who undertook ,
or became responsible ,
for another ;
a bail ;
a surety ;
a hostage . "
I am Grumio '
s pledge ." --
Shak .
[
1913 Webster ]
3 .
A hypothecation without transfer of possession .
[
1913 Webster ]
4 .
Anything given or considered as a security for the performance of an act ;
a guarantee ;
as ,
mutual interest is the best pledge for the performance of treaties . "
That voice ,
their liveliest pledge of hope ." --
Milton .
[
1913 Webster ]
5 .
A promise or agreement by which one binds one '
s self to do ,
or to refrain from doing ,
something ;
especially ,
a solemn promise in writing to refrain from using intoxicating liquors or the like ;
as ,
to sign the pledge ;
the mayor had made no pledges .
[
1913 Webster ]
[
1913 Webster ]
6 .
A sentiment to which assent is given by drinking one '
s health ;
a toast ;
a health .
[
1913 Webster ]
{
Dead pledge }. [
A translation of {
LL }.
mortuum vadium .] (
Law )
A mortgage .
See {
Mortgage }.
{
Living pledge }. [
A translation of LL .
vivum vadium .] (
Law )
The conveyance of an estate to another for money borrowed ,
to be held by him until the debt is paid out of the rents and profits .
{
To hold in pledge },
to keep as security .
{
To put in pledge },
to pawn ;
to give as security .
[
1913 Webster ]
Syn :
See {
Earnest }.
[
1913 Webster ]
Pledge \
Pledge \,
v .
t . [
imp . &
p .
p . {
Pledged };
p .
pr . &
vb .
n .
{
Pledging }.] [
Cf .
OF .
pleiger to give security .
See {
Pledge },
n .]
1 .
To deposit ,
as a chattel ,
in pledge or pawn ;
to leave in possession of another as security ;
as ,
to pledge one '
s watch .
[
1913 Webster ]
2 .
To give or pass as a security ;
to guarantee ;
to engage ;
to plight ;
as ,
to pledge one '
s word and honor .
[
1913 Webster ]
We mutually pledge to each other our lives ,
our fortunes ,
and our sacred honor . --
The Declaration of Independence .
[
1913 Webster ]
3 .
To secure performance of ,
as by a pledge . [
Obs .]
[
1913 Webster ]
To pledge my vow ,
I give my hand . --
Shak .
[
1913 Webster ]
4 .
To bind or engage by promise or declaration ;
to engage solemnly ;
as ,
to pledge one '
s self .
[
1913 Webster ]
5 .
To invite another to drink ,
by drinking of the cup first ,
and then handing it to him ,
as a pledge of good will ;
hence ,
to drink the health of ;
to toast .
[
1913 Webster ]
Pledge me ,
my friend ,
and drink till thou be '
st wise . --
Cowley .
[
1913 Webster ]
187 Moby Thesaurus words for "
pledge ":
Bible oath ,
Greek ,
accounts payable ,
accounts receivable ,
affiliate ,
agree ,
amount due ,
associate ,
assurance ,
assure ,
avouch ,
avouchment ,
avow ,
bad debts ,
bail ,
belonger ,
bib ,
bill ,
bills ,
bind ,
bond ,
booze ,
borrowing ,
bottomry ,
brother ,
card -
carrier ,
card -
carrying member ,
cardholder ,
charges ,
charter member ,
cheer ,
chip in ,
chits ,
clubber ,
clubman ,
clubwoman ,
collateral ,
commit ,
committeeman ,
comrade ,
confide ,
consign ,
contract ,
contribute ,
contribute to ,
conventioneer ,
conventioner ,
conventionist ,
countersign ,
covenant ,
debt ,
deposit ,
dip ,
donate to ,
drain the cup ,
drink ,
drink in ,
drink off ,
drink to ,
drink up ,
due ,
dues ,
dues -
paying member ,
earnest ,
earnest money ,
engage ,
enlistee ,
enrollee ,
entrust ,
escrow ,
extrajudicial oath ,
faith ,
fellow ,
financial commitment ,
floating debt ,
fraternity man ,
funded debt ,
gage ,
gift ,
gift with ,
give to ,
go bail ,
guarantee ,
guaranty ,
guildsman ,
guzzle ,
handsel ,
health ,
hock ,
honorary member ,
hostage ,
hypothecate ,
imbibe ,
impignorate ,
indebtedness ,
indebtment ,
initiate ,
insider ,
ironclad oath ,
joiner ,
judicial oath ,
kick in ,
liability ,
life member ,
loyalty oath ,
mainprise ,
make a promise ,
make imperative ,
make incumbent ,
maturity ,
member ,
mortgage ,
national debt ,
oath ,
oath of allegiance ,
oath of office ,
obligate ,
obligation ,
oblige ,
official oath ,
one of us ,
outstanding debt ,
parole ,
pass ,
pawn ,
pignus ,
plight ,
pop ,
post ,
promise ,
public debt ,
pull ,
put in hock ,
put in pawn ,
put up ,
quaff ,
recognizance ,
replevin ,
replevy ,
require ,
saddle with ,
score ,
security ,
sip ,
sister ,
socius ,
solemn declaration ,
solemn oath ,
sorority girl ,
sorority woman ,
spout ,
stake ,
subscribe ,
suck ,
suck in ,
suckle ,
sup ,
surety ,
swear ,
sweeten the kitty ,
swig ,
swill ,
test oath ,
tie ,
tipple ,
toast ,
token ,
token payment ,
toss down ,
toss off ,
tribute ,
troth ,
uncollectibles ,
undertake ,
undertaking ,
underwrite ,
unfulfilled pledge ,
vadimonium ,
vadium ,
vouch ,
vouchsafe ,
vow ,
warrant ,
warranty ,
wash down ,
word ,
word of honor Pledge See {
LOAN }.
PLEDGE or PAWN ,
contracts .
These words seem indifferently used to convey the same idea .
Story on Bailm .
Sec .
286 .
2 .
In the civil code of Louisiana ,
however ,
they appear not to have exactly the same meaning .
It is there said that pledges are of two kinds ,
namely ,
the pawn ,
and the antichresis .
Louis '.
Code ,
art .
3101 .
3 .
Sir William Jones defines a pledge to be a bailment of goods by a debtor to his creditor ,
to be kept till the debt is discharged .
Jones '
Bailm .
117 ;
Id .
36 .
Chancellor Kent ,
2 Kent '
s Com .
449 ,
follows the same definition ,
and see 1 Dane '
s Abr .
c .
17 ,
art .
4 .
Pothier ,
De Nantissement ,
art .
prelim .
1 ,
defines it to be a contract by which a debtor gives to his creditor a thing to detain as security for his debt .
The code Napoleon has adopted this definition ,
Code Civ .
art .
2071 ,
and the Civil Code of Louisiana has followed it .
Louis .
Code ,
3100 .
Lord Holt '
s definition is ,
when goods or chattels are delivered to another as a pawn ,
to be security for money borrowed of him by the bailor and this ,
he adds ,
is called in Latin vadium ,
and in English ,
a pawn or pledge .
Ld .
Raym .
909 ,
913 .
4 .
The foregoing definitions are sufficiently descriptive of the nature of a pawn or pledge but they are in terms limited to cues where a thing is given as a security for a debt ;
but a pawn may well be made as security for any other engagement .
2 Bulst .
306 ;
Pothier ,
De Nantissement ,
n .
11 .
The definition of Domat is ,
therefore ,
more accurate ,
because it is more comprehensive ,
namely ,
that it is an appropriation of the thing given for the security of an engagement .
Domat ,
B .
3 ,
tit .
1 ,
Sec .
1 ,
n .
1 .
And ,
according to Judge Story ,
it may be defined to be a bailment of personal property ,
as security for some debt or engagement .
Story on Bailm .
Sec .
286 .
5 .
The term pledge or pawn is confined to personal property ;
and where real or personal property is transferred by a conveyance of the title ,
as a security ,
it is commonly denominated a mortgage .
6 .
A mortgage of goods is ,
in the common law ,
distinguishable from a mere pawn .
By a grant or a conveyance of goods in gage or mortgage ,
the whole legal title passes conditionally to the mortgagee ;
and if not redeemed at the time stipulated ,
the title becomes absolute at law ,
though equity will interfere to compel a redemption .
But in a pledge a special property only passes to the pledges ,
the general property remaining in the pledger .
1 Atk .
167 ;
6 East ,
25 ;
2 Caines '
C .
Err .
200 ;
1 Pick .
889 ;
1 Pet .
S .
C .
B .
449 2 Pick .
R .
610 ;
5 Pick .
R .
60 ;
8 .
Pick .
R .
236 ;
9 Greenl .
R .
82 ;
2 N .
H .
Rep .
13 ;
5 N .
H .
Rep .
545 ;
5 John .
R .
258 ;
8 John .
R .
97 ;
10 John .
R .
471 ;
2 Hall ,
R .
63 ;
6 Mass .
R .
425 ;
15 Mass .
R .
480 .
A mortgage may be without possession ,
but a pledge cannot be without possession .
5 Pick .
59 ,
60 ;
and see 2 Pick .
607 .
7 .
Things which are the subject of pledge or pawn are ordinarily goods and chattels ;
but money ,
negotiable instruments ,
choses in action ,
and indeed any other valuable thing of a personal nature ,
such as patent -
rights and manuscripts ,
may ,
by the common law ,
be delivered in pledge .
10 Johns .
R .
471 ,
475 ;
12 Johns .
R .
146 ;
10 Johns .
R .
389 ;
2 Blackf .
R .
198 ;
7 Greenl .
R .
28 ;
2 Taunt .
R .
268 ;
13 Mass .
105 ;
15 Mass .
389 ;
Id .
534 ;
2 Caines '
C .
Err .
200 ;
1 Dane '
s Abr .
ch .
17 ,
art .
4 ,
Sec .
ii .
See Louis .
Code ,
art .
3121 .
8 .
It is of the essence of the contract ,
that there should be an actual delivery of the thing .
6 Mass .
422 ;
15 Mass .
477 14 Mass .
352 ;
2 Caines '
C .
Err .
200 ;
2 Kent '
s Com .
452 ;
Bac .
Abr .
Bailment ,
B ;
2 Rolle R .
439 ;
6 Pick .
R .
59 ,
60 ;
Pothier ,
De Nantissement ,
n .
8 ,
9 ;
Louis .
Code ,
3129 .
What will amount to a delivery ,
is matter of law .
See Delivery .
9 .
It is essential that the thing should be delivered as a security for some debt or engagement .
Story on Bailm .
Sec .
300 .
And see 3 Cranch ,
73 ;
7 Cranch ,
34 ;
2 John .
Ch .
R .
309 ;
1 Atk .
236 ;
Prec .
in Ch .
419 ;
2 Vern .
691 ;
Gilb .
Eq .
R .
104 ;
6 Mass .
339 ;
Pothier ,
Nantissement ,
n .
12 ;
Civ .
Code of Lo .
art .
3119 ;
Code Civ .
art .
2076 .
10 .
In virtue of the pawn the pawnee acquires ,
by the common law ,
a special property in the thing ,
and is entitled to the possession of it exclusively ,
during the time and for the objects for which it is pledged .
2 Bl .
Com .
396 ;
Jones '
Bailm .
80 ;
Owen R .
123 ,
124 ;
1 Bulst .
29 ;
Yelv .
178 Cro .
Jac .
244 ;
2 Ld .
Raym .
909 ,
916 ;
Bac .
Abr .
Bailment ,
B ;
1 Dane '
s Abr .
ch .
17 ,
art .
4 ,
SSSS 1 ,
6 ;
Code Civ .
art .
2082 ;
Civ .
Code of Lo .
art .
3131 .
And he has a right to sell the pledge ,
when there has been a default in the pledger in complying with his engagement .
Such a default does not divest the general property of the pawner ,
but still leaves him a right of redemption .
But if the ,
pledge is not redeemed within the stipulated time ,
by a due performance of the contract for which it is a security ,
the pawnee has then a right to sell it ,
in order to have his debt or indemnity .
And if there is no stipulated time for the payment of the debt ,
but the pledge is for an indefinite period ,
the pawnee has a right ,
upon request ,
to a prompt fulfillment of the agreement ;
and if the pawner refuses to comply ,
the pawnee may ,
upon demand and notice to the pawner ,
require the pawn to be sold .
2 Kent '
s Com .
452 ;
Story on Bailm .
308 .
11 .
The pawnee is bound to use ordinary diligence in keeping the pawn ,
and consequently is liable for ordinary neglect in keeping it .
Jones '
Bailm .
75 ;
2 Kent '
s Com .
451 ;
1 Dane '
s Abr .
ch .
17 ,
art .
12 ;
2 Ld .
Raym ,
909 ,
916 ;
Domat B 1 ,
tit .
1 ,
Sec .
4 ,
n .
1 .
12 .
The pawner has the right of redemption .
If the pledge is conveyed by way of mortgage ,
and thus passes the legal title ,
unless he redeems the pledge at a stipulated time ,
the title of the pledge becomes absolute at law ;
and the pledger has no remedy at law ,
but only a remedy in equity to redeem .
2 Ves .
Jr .
378 ;
2 Caines '
C .
Err .
200 .
If ,
however ,
the transaction is not a transfer of ownership ,
but a mere pledge ,
as the pledger has never parted with the general title ,
he may ,
at law ,
redeem ,
notwithstanding he has not strictly complied with the condition of his contract .
Com .
Dig .
Mortgage ,
B ;
1 Pow .
on Mortg .
by Coventry &
Land .
401 ,
and notes ,
ibid .
See further ,
as to the pawner '
s right of redemption ,
Story on Bailm .
Sec .
345 to 349 .
13 .
By the act of pawning ,
the pawner enters into an implied agreement or warranty that he is the owner of the property pawned ,
and that he has a good right to pass the title .
Story on Bailm .
Sec .
354 .
14 .
As to the manner of extinguishing the contract of pledge or mortgage of personal property ,
see Story on Bailm .
359 to 366 .
PLEDGE ,
contracts .
He who becomes security for another ,
and ,
in this sense ,
every one who becomes bail for another is a pledge .
4 Inst .
180 Com .
Dig .
B .
See Pledges .
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