Gottstein v. Simmons

Citations

• 59 Wash. 178
• 109 P. 596
• 1910 Wash. LEXIS 1160

Syllabus

<p>Negotiable Instruments— Action — By Indorsee— Defenses— Fraud — Holder in Due Course — Burden of Proof. In an action by an indorsee of a note given for tbe purchase price of fixtures, evidence that the maker procured the note by fraud and removed and refused to deliver the fixtures, and that when the note was presented by a bank for payment after maturity, it did not have-any indorsements thereon, is sufficient to put the plaintiff upon proof that he was a holder in good faith before maturity.</p> <p>Appeal — Record—Preservation of Grounds — Exceptions. An exception to the direction of a verdict is sufficiently shown where the-statement of facts shows the making and granting of the motion, and the clerk’s journal entry recites that the motion was granted' and exception allowed.</p> <p>Same — Exception—Whitten Orders. Under Rem. & Bal. Code, § 382, it is not necessary to take an exception to the direction of a-, verdict where the order was embodied in a written 'journal entry..</p>