Bank of Montreal v. Howard

Citations

• 44 Wash. 10
• 86 P. 1115
• 1906 Wash. LEXIS 779

Syllabus

<p>Bills and Notes — Delivery — Actions ■— Defenses — Fraud — Estoppel. Where a note was executed by defendants for advances received, who at the same time executed an option upon a mine to the payee of the note, with a deed, all delivered in escrow to be held until the expiration of the option, when the note was to be returned to the purchaser, and the deed to the defendants, if the option was not exercised, the defendants, upon demanding and receiving back the deed at the expiration of the option, are estopped to claim fraud or nondelivery of the note in the hands of an innocent purchaser, never having made any such claim theretofore.</p> <p>New Trial — Discretion of Court — Meritorious Defense. The discretion of the court in denying a continuance will not be interfered with where it appears that there is no defense, legal or equitable, to the action.</p> <p>Pledges — Note Held as Collateral — Enforcement—Amount of Recovery. In an action upon a note of $3,363, held as security for a note of $3,000, the pledgee is not a party in interest beyond the amount due on the latter noté, and judgment for the amount of the former note is erroneous.</p>