Simon & Sons v. Emery

Citations

• 254 Pa. 569
• 99 A. 78
• 1916 Pa. LEXIS 769

Syllabus

<p>Replevin — Lease—Terms of lease — Pledge—Third parties — Evidence — Parol evidence rule — Conflicting evidence.</p> <p>1. Third persons are not precluded from proving the truth, however contradictory to the written statements of others. Strangers to an agreement are not hound by it and may show that it does not disclose the very truth of the matter.</p> <p>2. In an action' of replevin to recover jewelry which had been pledged to defendant trust company as security for a loan, it- appeared that plaintiffs had leased the jewelry to a contractor under a written agreement which did not authorize the pledge thereof and that such contractor subsequently pledged the jewelry to defendant. Defendant offered evidence to show that the leases did not contain the entire transaction between the plaintiffs and their pledgor and that the jewelry was delivered to the contractor by plaintiffs' with tbe express understanding that it was to be pledged by Mm as security for loans of money. The trial judge submitted the case to the jury which found a verdict for plaintiffs conditioned upon their payment to defendant the amount loaned by it upon the jewelry. Held, judgment was properly entered on the verdict.</p>