Pegues v. Polson

Mr. Justice Cothran:

I concur in the result of the opinion of Mr. Justice Fraser, but upon a different ground, which I shall present:

Action in claim and delivery of personal property upon notes secured by chattel mortgages, executed by the defendant to H-. J. Sellers Company. The action was brought by B. F. Pegues as trustee in bankruptcy of the payee. Upon the trial of the case the plaintiff offered parol testimony to prove the appointment of the plaintiff as trustee, to which the defendant objected upon the ground that the appointment was a matter of record and could not be established by…