258 Mass. 300 | Mass. | 1927
This is an action of contract in which the plaintiff seeks to recover money lent by him to the defendant. There was evidence tending to show that a junior mortgage with the note thereby secured had been transferred by the defendant to the plaintiff by assignment in writing unqualified in terms; that the note was payable to the defendant who indorsed it on the back under the
The single question is, whether parol evidence was admissible to show that the assignment of the junior mortgage absolute in form was given as collateral security in the absence of a written agreement showing that the transaction was in fact a loan.
It is settled by Reeve v. Dennett, 137 Mass. 315, and Butman v. Howell, 144 Mass. 66, that such evidence is admissible in the circumstances here disclosed.
Order dismissing report affirmed.