Beaston v. Portland Trust & Savings Bank

Citations

• 89 Wash. 627
• 155 P. 162

Syllabus

<p>Witnesses — Transaction With Person Since Deceased — Corporation as Party — Deceased Officer. Rem. & Bal. Code, § 1211, excluding the evidence of a party in interest or to the record in his own behalf as to any transaction had by him with a person since deceased, where the adverse party sues or defends as legal representative of such deceased person, does not exclude evidence of transactions had with a stockholder and officer, since deceased, of a corporation which was the adverse party.</p> <p>Same — Deposition Taken Before Death. A deposition as to transactions with an adverse party who died after the deposition was taken but before the trial, is not inadmissible as evidence of a transaction had with a party since deceased, within Rem. & Bal. Code, § 1211; since the evidence was competent at the time the witness testified.</p> <p>Deposits — Special Deposits — Title. Where defendant, in an action to foreclose logger’s liens, procured the release of the logs pending the trial by inducing a bank to make a deposit of a check with the clerk of court pursuant to Rem. & Bal. Code, § 1173, upon the representation that it had a good defense to the action and would return the check to the bank unless it was necessary for the payment of the lien judgments, the deposit was a special one, and not a loan, and did not vest the defendant with any title to the money upon its obtaining judgment defeating the liens.</p> <p>Garnishment — Money Subject — Special Deposit. A special deposit, made by a bank to enable defendant in a lien foreclosure to procure a release of the logs, is not subject to garnishment by judgment creditors of the defendant, after dismissal of the foreclosure suit, where the defendant had no title to the money. '</p>