Hyler v. Nolan

• Decision Date: 19 January 1881
• Court: Michigan Supreme Court
• Parties: HYLER v. NOLAN.

7 N.W. 910

45 Mich. 357

HYLER v. NOLAN.

Supreme Court of Michigan

January 19, 1881

Parol evidence to show that a written assignment of a particular payment in a mortgage, and accompanying note, was made in fact as security for money borrowed, held proper.

Case made from Kent.

John A. Fairfield, for plaintiff.

B.F. Lockwood, for defendant.

GRAVES, J.

This record presents the single question of law whether it was competent for the plaintiff to give parol evidence that his written assignment to the defendant absolute in form of a particular payment described in a mortgage, together with the accompanying note, was in fact made as security for a sum of money borrowed by the plaintiff of the defendant, and not as an unqualified transfer. The circuit judge allowed the evidence and the defendant excepted. The ruling was correct.

The purpose of the evidence was to explain the true consideration between the parties to the contract, and to apply the instrument to the subject-matter, and this was entirely proper. Coleman v. Port, 10 Mich. 422; Kimball v. Myers, 21 Mich, 276; Bowler v. Johnson, 17 Mich. 42.

The question of credibility and the effect of the evidence was for the circuit judge who found the facts, and his determination is conclusive. The judgment is affirmed with costs.

(The other justices concurred.)