Davis v. Hibbs

Citations

• 73 Wash. 315
• 131 P. 1135
• 1913 Wash. LEXIS 1601

Syllabus

<p>Actions — Splitting Causes — Divisible Contracts. A promissory note agreeing to pay in monthly installments is a divisible contract, upon which separate actions may be maintained as the installments fall due.</p> <p>Bills and Notes — Bona Fide Purchaser — Evidence — Sufficiency. Findings that plaintiff was a bona fide purchaser of a note for $248 are sustained, where it appears that he purchased it a day or two after execution, paying $231, upon inquiring that the maker was a good risk, the maker was notified and did not disaffirm the note for several days and there was no substantial evidence in rebuttal.</p> <p>Judgment — Conclusiveness—Res Judicata — Matters Concluded. Judgment in an action to recover an installment due on a promissory note, is res judicata upon an issue as to the fraudulent character of the note, tried out in that action, precluding that defense In subsequent actions between the same parties to recover the balance due.</p> <p>Bills and Notes — Recovery—Attorney’s Pees. Where a promissory note payable in installments provided for a reasonable attorney’s fee, and no attorney’s fee was allowed in an action brought to recover the first installment, it is proper to allow an attorney’s fee in a subsequent action on plaintiffs recovery of the balance due.</p>