Clough v. Monro

Citations

• 86 Wash. 507
• 150 P. 1190
• 1915 Wash. LEXIS 1216

Syllabus

<p>Corporations — Transfer of Stock — Assignment—Consideration. A credit on a loan to the assignor, is sufficient consideration for an assignment of mining stock, and it would be a sufficient consideration that the assignment was made as partial security for the loan.</p> <p>Principal and Agent — Proof of Agency — Statements of Agent. Neither the fact of agency nor the extent of the agent’s authority can be proved by admissions or declarations of the agent to third persons in the absence of the principal.</p> <p>Witnesses — Examination—Reiteration. It is not error to curtail the examination of a witness by excluding reaffirmations of his former testimony.</p> <p>Appeal — Review—Harmless Error. On a trial de novo, the improper exclusion of a letter which is in the record, is harmless error.</p> <p>Insane Persons — Actions Against — Guardians—Process. Under Rem. & Bal. Code, § 1670, authorizing service of process upon the guardian of an incompetent, an action against an incompetent may be brought in form, and entitled in the caption, against the guardian as such.</p> <p>Same — Actions Against — Limitation. Rem. & Bal. Code, § 1477, requiring suits on claims against estates of decedents within three months after rejection of the claims does not apply by analogy to claims against the estate of an incompetent person, and the same are not barred three months after rejection.</p> <p>Pleading — Admissions—Failure to Deny. A general allegation that defendant was the duly, appointed, qualified and acting guardian of an insane person, not moved'against or denied, sufficiently establishes the guardianship.</p> <p>Pleading — Answer—-Admissions. An answer to a specified paragraph of a complaint, admitting that a claim against a guardian was presented and rejected, and denying that any sum was due, is a sufficient admission of the presentation and rejection of the particular claim alleged in such paragraph.</p> <p>Insane Persons — Actions—Authority of Guardian — Admissions. The gu