Goupille v. Chaput

Citations

• 43 Wash. 702
• 86 P. 1058
• 1906 Wash. LEXIS 771

Syllabus

<p>Pleadings — Complaint—Motion to Make Moke Definite. Where by a complaint it appeared that the defendant agreed to keep as trustee any money earned by the plaintiff in America, it is proper to overrule a motion to make the same more definite and certain by stating what employment the plaintiff agreed to engage in, since she did not obligate herself to engage in any business.</p> <p>Same — Bill of Paeticulabs — Motion. In an action upon a contract to keep as trustee all the money earned by the plaintiff, alleged to be $7,305.75, it is not error to overrule a motion to make the complaint more definite and certain by stating the dates and amounts of the payments, since the same amounts to a demand for a bill of particulars and was irregularly made.</p> <p>Appeal — Review—Vebdict. If the facts are such as should have been submitted to the jury, the verdict should not be disturbed for insufficiency of the evidence.</p> <p>Actions — Poem—Action at Law ok in Equity — Teustees—Accounting. An action to recover money from a trustee cannot be tried as an action at law before a jury, if it develops that the amount is unliquidated, and could only be ascertained through an accounting; as where there was to be deducted from the amounts paid to the trustee the cost of board and clothing for a period of twenty months, which was unascertained.</p> <p>Same — Change of Poem — Tbial—Pleadings—Amendment. Upon its developing, in an action at law to recover a sum due from a trustee that the amount was unliquidated, the court should withdraw the same from the jury for the purpose of an accounting, and try the case in equity, considering the pleadings amended.</p> <p>Conteacts — Public Policy — Actions—Teustee of Eaenings of Peostitute. An action at law upon a contract to hold as trustee all the earnings of the plaintiff should not be dismissed as involving an immoral contract, upon its appearing that the money was earned in a house of prostitution, where no contract was necessarily involv