Ginnett v. Greene

Citations

• 87 Wash. 40

Syllabus

<p>Appeal—Review—Harmless Error. Error in refusing to require an election is harmless where, at the trial, plaintiff elected to try the case upon one theory, which was the equivalent of sustaining a demurrer to the other cause of action.</p> <p>Bills and Notes—Indorser—Liability—Novation. One who indorses a promissory note and engages to pay it in any event, in consideration of the sale of stock, is primarily liable to the payee on the theory of a novation, and it is immaterial whether the original makers were released or not.</p> <p>Frauds, Statute oe—Promise to Pay Debt op Another—Direct Promise. An agreement by the purchaser of stock to pay the seller’s stock note, as part of the purchase price, is not an agreement to pay the debt of another, within the statute of frauds, but is an agreement to pay his own debt; and may be sued on by the creditor of the seller holding the stock note.</p> <p>Same—Oral or Written Promise. The indorsement of a note in consideration of the sale of stock is not an oral promise, but is an engagement in writing, within the statute of frauds.</p> <p>Bills and Notes—Indorsement—Consideration. Under Rem. & Bal. Code, § 3415, a consideration is implied from the indorsement of a promissory note.</p> <p>Appeal—Harmless Error—Misconduct op Counsel—Argument. In the absence of a showing of prejudice, unwarranted comments of counsel in argument do not warrant a reversal, especially where the jury was instructed to disregard them.</p>