Bennett v. Solomon

Citations

• 6 Cal. 134

Syllabus

<p>The consideration of the assignment of a personal chattel or chose in action, may he proven by parol, and a different one established from that expressed in the instrument. Under our system a mortgage is a mere incident to the debt secured by it, and as the debt secured by it, and as the consideration for endorsing a note can be gone into at any time, there can be no reason for adopting a more stringent rule as to the assignment of the mortgage securing it.</p> <p>As to instruments under seal generally, the American rule seems to be, that the consideration clause in a deed can be explained by parol proof, at least where the consideration proven is of the same species as that mentioned in the instrument.</p>