Chase & Baker Co. v. Olmsted

Citations

• 93 Wash. 306
• 160 P. 952
• 1916 Wash. LEXIS 1199

Syllabus

<p>Husband and Wife — Separate Property of Wife ■ — ■ Gifts — Evidence — Sufficiency. A finding that a player piano and music was the separate property of the wife is sustained by testimony of the wife that the same were gifts from her husband, who permitted her to treat it as her own, where there was no evidence to the contrary.</p> <p>Insurance — Fob Benefit of Another — Proceeds — Ownership— Payment of Premium. Where a music house carried insurance for its own benefit and upon an instrument and music belonging to another left with it for sale, and the loss was adjusted and paid for the benefit of such owner, the proceeds apportioned to her by the adjustment belong to her, and it is immaterial that she did not know of the insurance or pay any part of the premiums.</p> <p>Trusts — Commingled Funds — Dissipation by Withdrawals — Rights of Beneficiary. Where a trustee blended the trust funds by depositing it in bank with his own, and checked against it indiscriminately, withdrawals leaving a balance of less than the trust funds are a dissipation of the fund, except as to the balance, and the cestui que trust, garnisheeing the hank, is limited to the recovery of the lowest balance to which the blended account was reduced at any time.</p> <p>Same — Commingled Funds — Dissipation—Rights of Beneficiary —Garnishment—Burden of Proof. A cestui que trust, garnisheeing a bank on the blended account of the trustee which the trustee had reduced by withdrawals, has the burden to show the amount of the lowest balance of the blended account which fixes the amount of the recovery.</p> <p>Appeal — Review — Invited Error. In a garnishment of trust funds blended by the trustee by general deposit in a bank, objection to the bank’s books, when offered to show the actual balance due, does not invite the error of the court in holding that the balance prior to the last deposit was immaterial and that the final balance, whatever its source, was charged with the trust to the full amount of t