Marsh v. McNair

New York Supreme Court

Marsh v. McNair

32 N.Y. Sup. Ct. 314

DecidedOctober 15, 1881

StatusPublished

This text of 32 N.Y. Sup. Ct. 314 (Marsh v. McNair) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marsh v. McNair, 32 N.Y. Sup. Ct. 314 (N.Y. Super. Ct. 1881).

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Opinion

Judgment reversed and new trial ordered, costs to abide event. Held, that parol evidence was admissible to show that the assignment of the policies, although absolute in form, was intended as a pledge or as collateral security (Matthews v. Sheehan, 69 N. Y., 585, and cases there cited on page 590), and that the evidence clearly established the fact of such intent on the part of Mrs. Marsh, and also on the part of Col. IJosmer, who, upon the uncontroverted testimony, is to be regarded as the agent of the defendant’s assignor.

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Judgment reversed and new trial ordered, costs to abide event. Held, that parol evidence was admissible to show that the assignment of the policies, although absolute in form, was intended as a pledge or as collateral security (Matthews v. Sheehan, 69 N. Y., 585, and cases there cited on page 590), and that the evidence clearly established the fact of such intent on the part of Mrs. Marsh, and also on the part of Col. IJosmer, who, upon the uncontroverted testimony, is to be regarded as the agent of the defendant’s assignor.

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Bluebook (online)

32 N.Y. Sup. Ct. 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsh-v-mcnair-nysupct-1881.

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