Pierce v. Hasbrouck

Citations

• 49 Ill. 23

Syllabus

<p>1. Chattel mortgages—parol agreement to attend the.time of payment—_founded on a valuable consideration—binding on the parties. H and Wife executed to P a chattel mortgage upon four horses, two sets of harness and a wagon, tosecureanote for $300, given by' H to P. Before the mortgage matured, the mortgagor let P have one pair of the horses to apply thereon at $280, the .price being $300, a deduction of $20 from the price being made in consideration of an agreement by P to extend the time of the payment of the balance of the debt from two to three months. Before the expiration of two months after the maturity of the mortgage, P took possession of the other span of horses, harness and a wagon, and thereupon, the wife of H tendered to P the balance due upon the debt,- and demanded a return of the property, which was refused. Held, in an action of trover, brought by the wife against P, that the agreement to extend the time of payment of the mortgage, was for a valuable consideration, and was binding upon the parties. . ■</p> <p>2. Instructions—when not well, expressed. This court will not reverse a judgment merely because an instruction is not well expressed, and is.awkward in construction, where its true meaning is apparent, and could not have been mistaken by the jury.</p> <p>3. Evidence—inadmissible. And in such case, evidence for the purpose of showing that the plaintiff’s claim of title to the property was in fraud of her husband’s creditors, is inadmissible, such proof being wholly immaterial.</p> <p>4. The plaintiff’s ownership of the'property, which had been sworn to by her husband, could not be impeached in that mode.</p> <p>6. Same—declaration by the husband. Nor could the right of the plaintiff to the ownership be prejudiced by the declaration of her husband, made out of her presence.</p> <p>6. Same—presumption of ownership—from possession. Nor can any presumption of ownership by the husband, be drawn from the fact that the property was in his possession,