Puzis v. Temko

Citations

• 33 Pa. Super. 526
• 1907 Pa. Super. LEXIS 330

Syllabus

<p>Bailment — Pledge—Evidence—Parol evidence — Fraud.</p> <p>In an action of trespass for the conversion of a stock of goods, where the defendant relies upon a bill of sale, absolute on its face, from the plaintiff to himself, and the plaintiff claims that the transaction was in fact a pledge to secure a debt, he may show that he subsequently gave to defendant a sum of money in consideration of extension of time, and that the defendant permitted him to keep the goods, and make sales therefrom, without an accounting. In such a case evidence of what took place at the time the bill of sale was executed is competent as bearing on the new agreement for thij extension of time. It was not necessary for the trial judge to instruct the jury concerning the nature of the testimony necessary to establish fraud in the execution of the bill of sale, inasmuch as the subsequent agreement, if established, shows that the bill of sale was in fact a pledge, and so recognized by defendant.</p>