Wilson v. Sullivan
Supreme Court of New Hampshire
Trespass, against a deputy sheriff, for attaching’ a stock of boots and shoes, as the property of Gilbert Brothers. The plaintiff claimed title by virtue of a mortgage, upon which he indorsed, at the time of its execution, the following : “ Consent is hereby given to Gilbert Brothers selling the within mortgaged property, at their store in Sun-cook, in the regular and usual way of retail trade, subject, however, to the right of the mortgagee to revoke this consent at his…
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Trespass, against a deputy sheriff, for attaching’ a stock of boots and shoes, as the property of Gilbert Brothers. The plaintiff claimed title by virtue of a mortgage, upon which he indorsed, at the time of its execution, the following : “ Consent is hereby given to Gilbert Brothers selling the within mortgaged property, at their store in Sun-cook, in the regular and usual way of retail trade, subject, however, to the right of the mortgagee to revoke this consent at his pleasure.” Subject to the defendant’s exception, the plaintiff was permitted to prove a verbal agreement as to the…
1Opinion of the CourtFoster, J.
It would seem that the verbal agreement concerning the disposition of the avails of the mortgaged property was a collateral arrangement, independent of, but not inconsistent with, the terms of the indorsement upon the mortgage, and that if it had any tendency to explain that writing it was not inadmissible, but, on the contrary, was very properly received in evidence. George v. Joy, 19 N. H. 544; Hersom v. Henderson, 21 N. H. 224. But however that might be in the case of a controversy between mortgagor and mortgagee, the rule excluding parol evidence varying a contract is not applicable in…
2Cases cited2 opinions
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Bishop v. WarnerSupreme Court of Connecticut · 1849
3Cited by7 opinions
- Murray, Dibrell & Co. v. McNealy & CuretonSupreme Court of Alabama · 1888
- Hodgdon v. LibbySupreme Court of New Hampshire · 1896
- Gerrish v. GerrishSupreme Court of New Hampshire · 1884
- United States v. Boston & Berlin Transportation Co.District Court, D. New Hampshire · 1964
- Gibbs v. ParsonsSupreme Court of New Hampshire · 1886
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