Supreme Judicial Court of Maine, 1851

Whitney v. Lowell

Whitney v. Lowell
Supreme Judicial Court of Maine · Decided July 1, 1851 · Orally, Wells
33 Me. 318

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.

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