Balkema v. Grolimund

Citations

• 92 Wash. 326
• 159 P. 127
• 1916 Wash. LEXIS 759

Syllabus

<p>Husband and Wife — Contracts of Wife — Liability of Husband —Community Debt — Pleading. Neither the community nor husband is liable upon a promissory note executed by the wife on the mere allegation that she was acting for the benefit of herself and the community, in the absence of any showing that the husband had notice of it, or authorized or ratified it, or that the community got the proceeds; since the allegation was a mere conclusion of law, and the presumption is that the wife’s note was hers alone.</p> <p>Bills and Notes — Indorsers—Payment of Judgment — Remedies —Attorney’s Pees — When Recoverable. In an action by an indorser against the maker of a note, to recover over after plaintiff’s payment of a judgment on the note against all the parties, attorney’s fees provided for in the note, but hot included in the judgment, cannot be recovered.</p>