Galena National Bank v. Ripley

Citations

• 55 Wash. 615
• 104 P. 807
• 1909 Wash. LEXIS 810

Syllabus

<p>Appeal — Review—Denial op New Teial. The rule that the granting of a new trial for insufficiency of the evidence will not be reversed except for abuse of discretion, does not apply where the evidence necessarily and without conflict sustains the verdict.</p> <p>New Trial — Newly Discovered Evidence — Cumulative. A new trial should not be granted for newly discovered evidence consisting of a letter that could not be found, where its loss and contents were proven at the trial, as the evidence would be only cumulative.</p> <p>Bills and Notes — Consideration — Validity — Forbearance. A note given by a son, to cover a shortage of his deceased father, an officer in a bank, is not shown to be given for an unlawful consideration by the fact that it was desired to keep the defalcation quiet, where the bank forbore to make claim against the decedent’s estate, since such forbearance constitutes a good consideration.</p>