Ames v. Farmers & Mechanics Bank

Citations

• 48 Wash. 328
• 93 P. 530
• 1908 Wash. LEXIS 860

Syllabus

<p>Banks and Banking — Deposits—Relations with Depositors — ■ Authority to Operate Branch Bank — Evidence—-Admissibility. Upon an issue as to whether a defendant bank authorized the establishment of a branch in a nearby town, it is competent to show that an adyertisement was published in a newspaper making such representation, and that the same was mailed directly to the defendant, and also of a similar circular received by the defendant at its office; it being for the jury to say whether the defendant bank had knowledge of the contents of the paper and circulars.</p> <p>Same. Upon such an issue, an application and a surety bond containing recitals that the branch bank was controlled by the defendant bank, signed by the executive officers of both banks, are admissible in evidence, where the course of dealing was such tnat the directors by ordinary diligence could have known the facts.</p> <p>Same. For the same reason, letterheads of letters sent to the defendant bank containing the statement that it was a branch of the defendant, are admissible in evidence.</p> <p>Evidence — Whiting—Part of Instrument — Appeal—-Review. It is not error to admit in evidence only part of an assignment of a cause of action, where the detached part was excluded at the instance of the appellant as improper, and sufficient appears to show respondent’s right to sue.</p> <p>Banks and Banking — Deposits—Actions to Recover — -Pleading —Issues—Instructions. In an action to recover bank deposits in an alleged branch of the defendant bank, where the whole controversy was as to whether defendant had at all times been in possession of the branch bank, an affirmative defense that the plaintiffs were in possession of the assets raises no new issue, and instructions thereon are properly refused.</p> <p>Banks and Banking — Authority to Operate Branch — Ratification — Actions to Recover Deposits — Instructions. In an action to recover bank deposits in an alleged branch of the defendant bank, where the i