Angus v. Downs

Citations

• 85 Wash. 75
• 147 P. 630
• 1915 Wash. LEXIS 822

Syllabus

<p>Bills and Notes — Bona Fide Pubchaseks — Defenses Available— Theft Befobe Deliveby. A holder in due course of commercial paper may recover thereon, although the instrument was originally stolen from the maker thereof; in view of Rem. & Bal. Code, § 3407, which provides that where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed; this, under the maxim that, where one of two innocent persons must suffer by the wrong of another, he whose act made the loss possible must suffer.</p> <p>Bills and Notes — Actions—Questions fob Juby. In an action upon a promissory note, a directed verdict for plaintiff was proper, where she testified that she had paid value for the note without notice of any kind that defendant disputed his liability thereon, which testimony was corroborated by circumstances surrounding the transaction and by other witnesses; and there was no offer to combat plaintiff’s evidence that she was a holder in good faith.</p>