City of Seattle v. L. H. Griffith Realty & Banking Co.

Citations

• 28 Wash. 605
• 68 P. 1036
• 1902 Wash. LEXIS 524

Syllabus

<p>SURETY ON NOTE-CONDITIONAL SIGNATURE-DELIVERY WITHOUT AUTHORITY-EVIDENCE.</p> <p>In an action upon a promissory note, it is competent for one of the sureties to show in defense that he signed it under an express agreement that it was not to be delivered or become obligatory until certain other persons had signed it, of which fact the payee had knowledge; and conversations had between such surety and the principal on the note are admissible in evidence for the purpose of establishing the agreement.</p> <p>TRIAL-ADMISSION OF EVIDENCE-HARMLESS ERROR.</p> <p>The action of the court in allowing a member of the city finance committee to testify as to the duties of that committee instead of requiring the introduction of the city charter prescribing the committee’s duties, was not prejudicial error, when such testimony correctly stated the duties and was merely explanatory of other testimony given by the witness, which was conceded to have been admissible.</p>