Gosline v. Dryfoos

Citations

• 45 Wash. 396
• 88 P. 634
• 1907 Wash. LEXIS 478

Syllabus

<p>Evidence — Weight and Sufficiency. The court is not bound by the uncontradicted testimony of an interested party, but may reject0 the same if unworthy of belief by reason of its improbability or inconsistency.</p> <p>Bills and Notes — Transfer—Bona Fides. The uncontradicted testimony of the 'plaintiff that he was the tona fide purchaser of notes is unworthy of belief and insufficient to sustain the burden of proof required by the negotiable instrument law, Laws 1899, p. 340, §§ 52, 59, where, upon an issue as to fraud in the inception of the notes, his evidence shows an anxious determination to avoid any information concerning the origin of the notes, and that be purchased them of his brother-in-law, knowing nothing of the maker or his financial standing, made no entry upon his books, required no endorsement or guaranty, and held them when past due without any move to collect, and no effort was made to corroborate his story by the evidence'of the endorser.</p> <p>Appeal — Review—Harmless Error. Entry of judgment prior to the expiration of the time for. moving for a new trial, is not ground for reversal, where the motion for new trial made preserved appellant’s rights and the judgment entered was right.</p>