Doonan v. Rossi

Citations

• 112 Wash. 150
• 191 P. 865
• 1920 Wash. LEXIS 726

Syllabus

<p>Bills and Notes (140)—Checks—Indorsement and Delivery—■ Evidence—Sufficiency. In an action on checks issued to and' indorsed by defendant, in which defendant denied the indorsement and alleged that he lost the cheeks and immediately stopped payment, plaintiff’s evidence is sufficient to make a prima facie case, and it is error to grant a nonsuit, where witnesses testified that defendant indorsed the checks, or similar ones, and delivered them to a third person, who gave them to plaintiff in Montana as part payment for liquor purchased, and that such third person upon his return had a dispute with defendant, who then threatened to stop payment on the checks unless he received more money.</p> <p>Sales (127)—Action for Price—Defenses—Goods Sold for Illegal Purpose. The fact that the vendor of liquor knew, or should have known, that it was purchased for the purpose of illegal sale in another state, does not bar an action on checks given for the purchase price, unless it was a part of the contract of sale that it should be so used or sold, or the vendor participated in the transaction otherwise than in the mere making of the sale.</p>