Hanson v. Roesch

Citations

• 104 Wash. 257
• 176 P. 349

Syllabus

<p>Bills and Notes (65, 73-6) — Negotiation—Holder in Due Course —Alter Due — Set-Off—Statutes. Where a note is not indorsed by the payee until it is overdue, the holder is not a holder in due course and the note is subject to offsets against the payee, under Rem. Code, § 3440, providing that, for the purpose of determining whether a transferee is a holder in due course, the negotiation takes effect as of the time the indorsement is actually made, and Id., § 3443, requiring that the transferee became holder before the note was overdue.</p> <p>Trial (150) — Judgment Non Obstante — Affirmative Relief — • Findings. Where the court takes a case from the jury and grants affirmative relief, it becomes a trial by the court, requiring findings under Rem. Code, § 367.</p> <p>Evidence (153) — Parol Evidence to Vary Writing — Receipts— Ambiguity. Unilateral letters or receipts are not conclusively binding and admit of parol evidence to explain the meaning of the words, “$775 to be credited on account.”</p> <p>Same (157) — Nature of Consideration. Parol evidence is admissible to show that the consideration for deeds and written instruments was to be held in trust for the holder of, and credited upon, the notes of the grantors.</p> <p>Partnership (8, 41) — Liabilities of Dormant Partners — Estoppel. Where articles of limited partnership were not drawn under Rem. Code, §§ 8359-8368, nor a certificate of an assumed business name filed for the protection of the public, as required by Id., § 8369, a dormant or silent partner constitutes the visible partners agents of the partnership, and a creditor may offset his debt against the partnership.</p>