19.  Where  allegations  of  the  complaint  are  directly  contrary  to  each
other,  so  that  proof  of  one  would  disprove  the  other,  they  are  self-
destructive,  the  court  must  disregard  both  and  construe  the  pleading
as  though  neither  were  contained  therein. — White  v.  Hagbery,  593.
Counterclaim — Nature  of  Pleading.
20.  A  counterclaim  must  be  m  existence  and  matured  for  action  at  the
time  of  the  commencement  of  the  suit  in  which  it  is  pleaded. — Ham-
mond v.  Thompson,  609.
PLEDGES.
Definition.
1.  The  elements  made  essential  by  sections  6774  and  5775,  Revised
Codes,  to  the  creation  of  a  contract  of  pledge  are  (1)  a  delivery
of  personal  property  by  the  owner  to  the  pledgee  (2)  under  an  agree-
ment, express  or  implied,  and  with  the  intention  by  both  parties,  that
the  pledgee  shall  hold  it  as  security  for  the  payment  of  a  debt  or  the
performance  of  some  obligation. — Brunswick-Balke-Collender  Co.  v.
Higgins,  11.
What  Does  not  Constitute.
2.  Where  personal  property  (bowling-alley  and  billiard-hall  fix-
tures), bought  on  credit  and  not  fully  paid  for,  had  been  left  by
the  purchaser  on  rented  premises,  and  later  resold  by  their  original


688  Principal  and  Agent.
owner,  with  the  consent  of  the  first  buyer  and  under  an  agreement
with  the  landlord  that  out  of  the  amount  received  on  the  resale  the
latter  should  be  paid  the  rent  then  due  him  from  the  first  buyer,  the
goods  being  turned  over  to  the  new  buyers  for  the  purpose  of  conduct-
ing a  bowling-alley  business  and  not  with  any  idea  that  they  should
hold  them  as  security  for  the  overdue  rent,  the  transaction  did  not
constitute  a  pledge  as  defined  in  paragraph  1,  supra. — Brunswick-
Balke-Collender  Co.  v.  Higgins,  11.
POLICE  COURTS.
See  Jurisdiction,  3.
POLICE  OFFICERS.
