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

Wells, J., orally.

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 *320by the plaintiff ; and gave to the plaintiff an instant right to reclaim the possession.

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