Collins v. Denny Clay Co.

Citations

• 41 Wash. 136
• 82 P. 1012
• 1905 Wash. LEXIS 1081

Syllabus

<p>Appeal — Review—Complaint—Amendments. Where proofs were received without objection, the complaint will on appeal he considered amended to conform thereto.</p> <p>Evidence — Corporate Stock — Value. Upon an issue as to the value of the stock of a corporation whose sole object was to hold lands, the value of the lands is competent to show the value of the stock.</p> <p>Evidence — Compromise—Similar Transactions. Upon an issue as to the settlement of accounts, evidence of the settlement of another controversy is inadmissible where the parties were not the same and one settlement did not influence the other.</p> <p>Chattel Mortgages — Accounting—Evidence—Burden op Proof. Upon an accounting in an action to redeem a mortgage of stock held as security, the burden of proof is upon the mortgagee to show the amount of dividends received by it on the stock to be credited on the debt.</p> <p>Same — Absolute Sale a Mortgage — Evidence—Release op Equity op Redemption. The evidence is sufficient to establish that an absolute sale Of corporate stock in consideration of the discharge of a settled account, accompanied by an option to repurchase the stock within a specified time, was intended as a mortgage to secure the debt, where it appears that the relation of debtor and creditor had existed for some years, that the debtor was insolvent, that the total indebtedness was less than $8,000 and the value of the stock conveyed exceeded $27,000, and the short period of four months was allowed to the debtor in which to pay the indebtedness and reclaim the stock; since, where the consideration is grossly inadequate, the courts will look with disfavor upon any relinquishment of the right of redemption, and hold that the original relation continues.</p> <p>Judgment — Parties Bound — Surplusage. Parties cannot object that a judgment regular as to them is void because also against their assigns, who are not bound thereby, since that may be treated as surplusage.</p> <p>Executors and Administ