Blue v. McCabe

Citations

• 5 Wash. 125
• 31 P. 431
• 1892 Wash. LEXIS 20

Syllabus

<p>TRIAL—NON-SUIT-—COMMENTING ON TESTIMONY—CORPORATIONS— AUTHORITY OF OFFICERS—EVIDENCE—INSTRUCTIONS—VERDICT.</p> <p>In passing upon a motion for a non-suit, it is not error for the judge to comment upon the testimony in the presence of the jury when the defendant has not asked for the withdrawal of the jury from the room during the consideration of the motion.</p> <p>In an action upon a promissory note indorsed and transferred to plaintiff by the president and secretary of a corporation to which it was made payable, a motion for non-suit, on the ground that no authority of the officers to transfer the note had been shown, is properly denied when the testimony tends to show that the maker of the note, himself a director in the corporation, requested plaintiff to cash the note in order that the company might prosecute some of its plans, and that it was in pursuance of such request that the transfer was made.</p> <p>The refusal of a request to instruct that a corporation must have authority from its board of directors in order to transfer a note is not error when the request is unaccompanied by other instructions sufficient to inform the jury that such authority may be conferred in many ways.</p> <p>A verdict which finds for the plaintiff in a certain entitled cause, without naming the defendant against whom judgment is sought, is good, if the intention of the jury can be fairly gathered from the verdict.</p>