Chezum v. Parker

Citations

• 19 Wash. 645
• 54 P. 22
• 1898 Wash. LEXIS 444

Syllabus

<p>■SALE — DELIVERY OF BILL — WRONGFUL ATTACHMENT — MITIGATION OF DAMAGES — EXCLUSION OF EVIDENCE — INSTRUCTIONS — IMPROPER ARGUMENT.</p> <p>A finding by tbe jury that a bill of sale for certain personalty had been delivered to plaintiff is warranted, when the evidence shows that plaintiff and the owner of the goods had agreed on the sale in satisfaction of an existing indebtedness, but the bill had not been delivered because not acknowledged; that it was left with the owner, who agreed to have it acknowledged and also remarked that it would be in a certain drawer in his desk, if anything happened to him; that the owner absconded, and the plaintiff, on securing entrance to the owner’s office, found a note advising him that the bill of sale was in. the drawer as agreed upon, “and was hereby delivered to you”; and that the plaintiff went into possession of the property, and had surrendered to the former owner’s attorney the evidences of indebtedness in consideration of which the sale had been made.</p> <p>In an action against a sheriff for wrongful attachment, he cannot show in mitigation of damages that he had sold the property under chattel mortgage, while in his possession under the attachment levy, when notices of sale had not been posted according to the statutory requirements necessary to make the foreclosure legal; nor could the costs of such illegal foreclosure be deducted from the value of the property.</p> <p>Where proffered evidence was properly excluded, a wrongful reason assigned therefor would not constitute error.</p> <p>A charge to the jury that there must be mutuality in the fraudulent intent in order to render a bill of sale fraudulent as to other creditors is proper, when the evidence in the case shows that the-sale in question was made as a preference of one creditor over others.</p> <p>A judgment will not be reversed on the ground of improper argument by counsel, unless it appears that counsel, against, timely objection made, has abused the licens