Brooke v. Boyd

Citations

• 80 Wash. 213
• 141 P. 357
• 1914 Wash. LEXIS 1293

Syllabus

<p>Pleading—Special Interrogatories. It is proper to refuse to require an adverse party to answer special interrogatories, under Rem. & Bal. Code, § 1226, permitting the same when material to the defense of the action, where,they were immaterial in that answers would in nowise tend to support any material allegation of the answer, or where the matters inquired about were as much within the knowledge of the defendant as of the adverse party.</p> <p>Appeal—Review—Harmless Error. Refusal to require answers to special interrogatories is harmless, where full and substantially accurate findings were made below, and the case is before the supreme court upon the findings made.</p> <p>Contribution—Actions—Defenses—Consent to Release. It is no defense to an action for contribution for a note paid, that the other makers paid the note only after executing several renewal notes, which defendant refused to sign, where they did not consent to release the defendant, and the action was commenced after the last renewal was paid.</p> <p>Corporations—Stockholders—Liability to Contribution. Where five stockholders became surety for their corporation, the right of contribution arises among themselves upon a payment by part of them, each being liable for one-fifth of the amount, and not according to the amount of stock held by each.</p>