Grant v. Frost
Supreme Judicial Court of Maine
On exceptions and motion. The case and material facts are stated in the opinion. cited: Hazard v. Loring, 10 Cush. 267 ; Shaw v. Wilshire, 65 Maine, 485. The courts of this state have uniformly held, in actions at law, parol testimony is not admissible to vary the terms of a written document, or to show that a bill of sale, absolute in its terms, was intended as security for a loan of money ; and the latest decisions of the supreme court of Massachusetts are to the same…
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On exceptions and motion. The case and material facts are stated in the opinion. cited: Hazard v. Loring, 10 Cush. 267 ; Shaw v. Wilshire, 65 Maine, 485. The courts of this state have uniformly held, in actions at law, parol testimony is not admissible to vary the terms of a written document, or to show that a bill of sale, absolute in its terms, was intended as security for a loan of money ; and the latest decisions of the supreme court of Massachusetts are to the same effect. Osgood v. Davis, 18 Maine, 146 ; Shaw v. Shaw, 50 Maine, 94; Hancock v. Fairfield, 30 Maine, 299; Bryant v. Crosby,…
1Opinion of the CourtFoster, J.
This was an action on the case for negligence in the management and care of the plaintiff’s horse while in the defendant’s pasture.
The defendant introduced in evidence the following writing:
"§300. April 16, 1884. Eastport, Maine.
I have this day sold to S. N. Frost, my red mare lately owned by J. Rogers, of Pembroke, together with top buggy, and pung, harness, robes and blauket and halter, for the sum of three hundred dollars. §300.
Payment received, Robert J. Grant.”
Thereupon the plaintiff, against the objection of the defendant, offered oral testimony to prove that the foregoing instrument…
2Cases cited3 opinions
- Newell v. HomerMassachusetts Supreme Judicial Court · 1876
- Harris v. JohnstonSupreme Court of the United States · 1806
- Philbrook v. EatonMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- Chicago Telephone Supply Co. v. Marne & Elkhorn Telephone Co.Supreme Court of Iowa · 1907
- Williams v. American Nat. Bank of Arkansas CityCourt of Appeals for the Eighth Circuit · 1898
- Sell v. SparksU.S. Circuit Court for the District of New Jersey · 1902