Citizens Bank v. Willing

Citations

• 109 Wash. 464
• 186 P. 1072
• 1920 Wash. LEXIS 918

Syllabus

<p>Bills and Notes (6) —Drafts — Acceptance—'Statutes — Conditional Acceptance. Under Rem. Code, §.3524, providing that an acceptance on a paper other than the hill itself does not bind the acceptor except in favor of the person to whom it is shown and who receives it for value on the faith thereof, a draft accompanying a bill of lading for a car load of shoots was not conditionally accepted or binding on the drawee, where the bank consigning the car received the draft several days prior to presentation and on presentation the drawee refused to accept it but requested that the bill of lading and shipment be forwarded to the purchaser for inspection until which no payment would be made; since the bank did not receive the draft for value on the faith of the acceptance, although it may have relied thereon in forwarding the bill.</p> <p>Warehousemen (3)—Receipts—Negotiability. A company having no warehouse of its own and doing no business for the public, organized as a device by which a bank could furnish negotiable warehouse receipts as collateral security for loans to a manufacturing company, is not a ‘“warehouseman” authorized to issue negotiable warehouse receipts, within Rem. Code, § 3369-58', defining a warehouseman as “a person lawfully engaged in the business of storing goods for profit”; hence the bank did not acquire title by virtue of its warehouse receipt denominated on its face as negotiable; since the carrier was justified, under Rem. Code, §3385-12, in delivering the goods to the consignee named in a nonnegotiable bill of lading.</p> <p>Sales (150) — Action for Breach — Conditions Precedent — Ability and Readiness to Perform. A party claiming damages for breach of contract to deliver box shook^, need not allege or prove ability and willingness to perform on his part, where before the time for performance the other party gave notice that it would not perform.</p>