Sheldon v. McFee

Mrs. White traded the old safe, upon which plaintiff held a mortgage, with the Carey Company for the new safe. In the trade the safes were treated as of equal value. Shortly after she mortgaged the new safe to the plaintiff to secure the same debt for which he held the old mortgage, and plaintiff and White sold it for eighty-nine dollars, the plaintiff receiving the purchase price. Neither the plaintiff nor White was sworn as a witness. The plaintiff knew whether he assented to the trade or ratified it, and his silence makes strongly against him. The new safe was placed in White’s office…