Meyer v. Munro

Citations

• 9 Idaho 46
• 71 P. 969
• 1903 Ida. LEXIS 8

Syllabus

<p>Chattel Mortgage on Cordwood — Wood Dealer — Authority to Sell — Extrinsic Evidence — Declaration oe Mortgagor. — 1. Under the evidence in this case the chattel mortgage on 285 • . cords of wood containing the following clause, to wit: “And until default he made in the payment of the said sum of money the. said party of the first part, his executors, administrators and assigns, may remain and continue in the quiet and peaceable possession of the said wood and chattels and in full and free úse and enjoyment of the same.” Held, not to authorize the sale of said wood by the mortgagor. 2. When a chattel mortgage is attacked, evidence is admissible which tends to show that it was made in bad faith or for the purpose of hindering, delaying or defrauding creditors either on the part of the mortgagee or of both the mortgagor and mortgagee. 3. Declarations of the mortgagor made after the execution of the mortgage as to his purpose in executing the mortgage, or the amount due, or any ■ other statement touching the bona fides of the transaction are inadmissible, unless the mortgagee is shown to have been a party to a common unlawful purpose between mortgagor and mortgagee.</p> <p>(Syllabus by the court.)</p>