Cremidas v. Dallas

Citations

• 91 Wash. 441
• 157 P. 1084
• 1916 Wash. LEXIS 1073

Syllabus

<p>Pleading — Variance — Nonsuit — Amendments to Conform to Proof. In an action tried to the court without a jury, it is not error to refuse to grant a nonsuit on the ground of variance, where the evidence was admitted without objection, as the complaint will be deemed amended to conform to the proof.</p> <p>Trover and Conversion — Remedies—Implied Contract. Upon the conversion of a note, the owner may waive the tort and recover its value, as upon an implied contract to pay the same.</p> <p>Same — Evidence—Value of Note — Presumptions. In an action upon an implied contract to pay the value of a note converted by the defendant, the presumption, in the absence of proof to the contrary, is that it was of the value shown upon its face; and such presumption is not overcome by proof that the note was overdue and in the hands of a bank for collection.</p> <p>Appeal — Review—Findings. Findings on conflicting evidence will not be disturbed on appeal where the witnesses were about equally divided and the trial court had the advantage of viewing them.</p>