Citizens National Bank v. Ariss

Citations

• 68 Wash. 448
• 123 P. 593
• 1912 Wash. LEXIS 1310

Syllabus

<p>Bills and Notes — Execution—Dbaet by Agent — Actions—Pleading — Complaint. Since a draft drawn by an agent as such, disclosing the names of his principals, shows prima facie that he did not intend to bind himself personally, a complaint thereon, alleging that he was such agent duly authorized to make the draft, states a cause of action against the principals.</p> <p>Pbincipal and Agent — Contbact oe Employment — Authobity of Agent — Powek to Deaw Bill of Exchange — Evidence—Sufficiency. The evidence shows that an agent had authority to draw a bill of exchange in the name of his principals, where it appears that he was employed hy commission merchants at a monthly salary to represent them in a certain territory in which they were buying, with authority to make purchases for them on his own inspection, he being directed to make a certain purchase for “spot cash,” and not being expected to make advances.</p> <p>Pbincipal and Agent — Authobity of Agent — Evidence of Custom —Admissibility—Knowledge of Custom. In such a case, evidence of a custom whereby a shipper would draw a draft on the consignee subject to inspection at the point of delivery is inadmissible; since the custom related to buyers and sellers, and since he was authorized to purchase for spot cash; also, because no knowledge of the custom was shown.</p> <p>Bills and Notes — Drafts—Defenses—Holder in Due Course. It is no defense to an action on a draft, drawn by defendant’s agent and discounted by the plaintiff, a bank, that the draft was given for fruit purchased which was in had condition, when the agent had authority to purchase on his own inspection.</p> <p>New Trial — Newly Discovered Evidence. A new trial for newly discovered evidence consisting of a letter in the party’s possession is properly denied where no excuse was shown for failing to produce the letter.</p> <p>Trial — Diligence—Province of Court and Jury — Directing Verdict. Where the competent evidence is all in writing, and the issues pres