Gleeson v. Lichty

Citations

• 62 Wash. 656
• 114 P. 518
• 1911 Wash. LEXIS 762

Syllabus

<p>Bills and Notes — Actions—Findings—Admitted Indorsement— Effect. An indorsee of a note in blank being liable as an indorser, if dishonored and notice given,, regardless of actual consideration, under Rem. & Bal. Code, §§ 3458, 3457, and 3420, a finding that by the indorsement, which was admitted, defendant promised to pay the note etc., is not error, where by other findings, dishonor and notice were established.</p> <p>Bills and Notes — Indorsees—Notice and Presentment — Evidence — Sufficiency. There is sufficient evidence to sustain a finding that a note remained in the custody of an indorser, as agent of the owner, from the time it was made until it came due, so that notice of dishonor was not necessary, where he had had such possession as such agent and delivered it to an attorney for collection, since it was under his control and constructively in his possession.</p> <p>Same — Notice of Dishonor — Sufficiency. Where an indorser of a note had its custody for collection as agent for the owner it was his duty to present it for payment, and knowing that the maker was in the hands of a receiver and that presentment would be an idle ceremony, he was not entitled to further notice as an indorser, under Rem. & Bal. Code, § 3486, providing for either written or oral notice.</p>