Haynes v. Gay

Citations

• 37 Wash. 230
• 79 P. 794
• 1905 Wash. LEXIS 708

Syllabus

<p>Bills and Notes — Usury—Bona Fide Purchaser — Agent’s Knowledge — Evidence—Sufficiency. Where the defense of usury is interposed to a note secured hy chattel mortgage, valid on its face, and purchased hy the agent of plaintiff, who claims as an innocent purchaser, the burden of proof being upon the defendants, it is not sufficient evidence of knowledge on the part of the agent of the usurious character of the note that he instituted a statutory foreclosure in the name of the payee as plaintiff, and only subsituted the plaintiff as the party in interest upon the defendants’ bringing the foreclosure into court; since the knowledge of the payee was not knowledge of the agent, and making the payee plaintiff might have been through a misconception of the law, and was not necessarily a suspicious circumstance.</p>