Gross v. Bennington

Citations

• 52 Wash. 417
• 100 P. 846
• 1909 Wash. LEXIS 1132

Syllabus

<p>Judgment — Upon Admissions — Opening Statement of Counsel. A judgment against the defendant upon the admissions of counsel in his opening statement to the jury, with issues made by the pleadings to be tried out, can only be sustained where the admissions are deliberately made and distinct, and absolutely preclude a recovery.</p> <p>Bills and Notes — Defenses—Failure of Consideration — Bona Fide Holders — Notice to Indorsee. Where a bank, the indorsee of a note, gave a recommendation to the agent of a railroad to use in securing the note from the makers in consideration of proposed railroad construction, knowing that the railroad was bankrupt, the bank acquires the note with notice of its infirmity by reason of failure of the consideration for which the note was given.</p> <p>Bills and Notes — Assignments. One deraigning title to a note by assignment from the indorsee, takes subject to any defense that might be made against the indorsee.</p> <p>Bills and Notes — Defenses—Failure of Consideration. A contract to furnish transportation over a proposed railroad, and a note given in consideration of the contract must be construed together, and failure of the company to construct the road is a good defense to an action on the note.</p>