Agnew v. Hackett

Citations

• 80 Wash. 236
• 141 P. 319
• 1914 Wash. LEXIS 1275

Syllabus

<p>Fraud—False Representations—Actions—Defenses. False representations of material facts whereby a party was induced to sign a note are actionable, whether the party making them knew them to be false or not.</p> <p>Appeal—Review—Harmless Error—Instructions. Upon an issue as to fraud by making false representations, instructions as a whole are not prejudicially erroneous, where the jury were told plaintiff could not recover (1) if she knowingly made false representations, or (2) if she knew her representations were false when she made them, or (3) if she made them recklessly, or (4) if she made false representations without any knowledge of their truth; especially where the issue was sharply defined as to whether she made any representations whatever, and the jury determined such issue in her favor.</p> <p>New Trial—Misconduct of Party. A new trial will not be granted for misconduct of a party in charging a witness with giving false testimony, where the showing was not sufficient.</p>