Bay View Brewing Co. v. Tecklenberg

Citations

• 19 Wash. 469
• 53 P. 724
• 1898 Wash. LEXIS 411

Syllabus

<p>ACTION ON PROMISSORY NOTE — FAILURE OF CONSIDERATION — INSTRUCTIONS— HARMLESS ERROR — ARGUMENT OF COUNSEL.</p> <p>A partial failure of consideration is a defense pro tanto to an action upon a promissory note, when such failure can he definitely ascertained by computation.</p> <p>In an action upon a promissory note to which the defense of total failure of consideration has been interposed, a charge to the jury that their verdict should be for defendants, if they find that the consideration agreed on was, in contemplation of the parties, greater than the amount of the note, but unless they so find their verdict should be for plaintiff, is not prejudicial to plaintiff, when it is clear from the verdict that the jury found there was a total failure of consideration.</p> <p>Although the argument of counsel may be objectionable, it will not be presumed that the jury was misled thereby,, when they were admonished by the court to disregard the irrelevant and immaterial statements of counsel.</p>