136 Ga. 338 | Ga. | 1911
^Bridges brought an action of trover against Loveless, to recover a certain “certificate of fifteen (15) shares of the capital stock of the Alkahest Lyceum System, a corporation,” of which Bridges was president and Loveless was secretary and treasurer. The plaintiff testified, in part, substantially as follows: He sold the 15 shares to L. 0. Jones by virtue of a written contract signed by them, reciting
1. An oral agreement between Jones and Bridges, that the latter should hold the certificate to secure the debt due him by the former, made subsequently to the execution of the written contract, could be proved without violating the rule that parol evidence is inadmissible to add to, taire from, or vary a written contract. Civil Code (1910), § 5794.
(a) Nor was such oral' agreement invalid for the want'of a consideration to support the same.
2. Bridges testified: “When I took those notes, I turned them over to Mr. Loveless. I put the stock with the notes at that time. I held the stock certificate because Jones had absolutely nothing. I know that at the time. . . I certainly would not -have turned the stock over to him without some collateral, -and he had nothing else to give. . . This agreement that I was to keep as collateral the stock and notes was made after the stock was issued. We were closing‘up the day’s work. We had been working on that business most of the day. I think it was early in the afternoon when we finished. Finally the contract was signed; then we took the matter up about the notes, and we agreed that 1 should hold the stock with the notes. . . Mr. Jones delivered the stock back to me when he gave me the notes. I put the stock and notes together and turned them over to Mr. Loveless, to put in the safe. . . I know this, the contract had been made after talking to Mr. Jones. I noticed these terms had been fixed, in there, and that he had nothing, and I'had to hold the stock, as the only way I could get ■ anything out of him.” Held, that this testimony was not subject to. the objection that it was irrelevant and incompetent, nor on the ground that, “there being a written contract of sale for the stock in question, such
3. The following testimony of Bridges: “No part of the purchase-money of the stock has ever been paid except the three hundred dollars credit which I allowed,” was not inadmissible on the ground. that it “was irrelevant because the fact that the stock had not been paid for in full would not affect the title thereto nor prevent same from passing into -Jones.’ Bridges contended, and offered testimony to show, that the certificate was delivered by Jones to him to secure the balance of the purchase-money of $1,700, and that it was- delivered by Bridges to Loveless, for safe-keeping; it was, therefore, competent for Bridges to show that the debt to secure which the certificate was pledged had not been paid.
4. If there was an agreement between Jones and Bridges that the latter should hold the certificate to secure a debt due him by the former, and if Jones, for the purpose of securing such debt, delivered the certificate to Bridges and the latter delivered it to Loveless for safe-keeping, Loveless could not defeat a recovery of the certificate by Bridges on the ground that there was no written assignment of the certificate by Jones to Bridges. Civil Code (1910), § 3584.
5. No error requiring a new trial appears in -the record, and the evidence was sufficient to authorize the verdict rendered.
Judgment affirmed.