Van Evera v. Davis
Supreme Court of Iowa
Appeal from Jackson Circuit Court. On the 6th day of May, 1876, Willard Duffin executed to the plaintiff a chattel mortgage the material portions of which are as follows: “Know all men by these presents, that I, Willard Duffin, in consideration of five hundred dollars * * paid by J. R. Van Evera, * *' * * have sold and do grant and convey unto said party of the second part, * * the following goods and chattels, to-wit: The entire stock of drugs and medicines, oils, paints…
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Appeal from Jackson Circuit Court. On the 6th day of May, 1876, Willard Duffin executed to the plaintiff a chattel mortgage the material portions of which are as follows: “Know all men by these presents, that I, Willard Duffin, in consideration of five hundred dollars * * paid by J. R. Van Evera, * *' * * have sold and do grant and convey unto said party of the second part, * * the following goods and chattels, to-wit: The entire stock of drugs and medicines, oils, paints and all stock of every description now kept by said W. Duffin, and all further stock that may be purchased hereafter, now…
1Opinion of the CourtDay, J.
i. evidence; gage: paroi to vary. — The plaintiff, being introduced as a witness, was asked the following questions: Q. “State what instructions you and Mr. Duffin, or either of you, in the presence of the other, gave to S. S. Germond as to tile property that should be included in the mortgage?” Q. “State whether or not, at the time the chattel mortgages were written by S. S. Germond, either yourself or Duffin asked said Germond the meaning of the words ‘stock’ and ‘goods’ as used in said mortgages ?” Q. “If the meaning of the words ‘stock’ and ‘goods,’ as used in said mortgages, was…
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