Whitney v. Lowell
Supreme Judicial Court of Maine
Whitney v. Lowell, 33 Me. 318 (Me. 1851)
Orally, Wells
Whitney v. Lowell
Opinion of the Court
The instrument was a mortgage in the regular and usual form. Parol evidence was offered, to show that it was designed to be merely a pledge, and thereby control the written contract. Such evidence was clearly inadmissible.
The unconditional sale by Garland, though prior to the payday of the note, was a violation of the trust reposed in him
The instruction was that the sale or offer to sell by the defendant was evidence of a conversion. That fact when taken in connection with the proof of the demand and the nondelivery, constituted sufficient evidence of a conversion.
Exceptions overruled.
Reference
- Full Case Name
- Whitney versus Lowell
- Cited By
- 4 cases
- Status
- Published