Hunt v. Panhandle Lumber Co.

Citations

• 66 Wash. 645
• 120 P. 538
• 1912 Wash. LEXIS 823

Syllabus

<p>Logs and Logging — Laborer’s Liens — Services oe Team — Statutes. Under Rem. & Bal. Code, § 1162, the owner of teams has a lien for their services in getting out logs without the rendition of any personal services by him.</p> <p>Appeal — Exceptions—Review—Findings—Presumptions. Findings not excepted to will be presumed to be supported by the evidence.</p> <p>Bills and Notes — Checks—Presentation—-Want of Diligence— Excuse for Failure to Present. Failure to present checks is not excused because it was difficult and inconvenient to leave camp and present the checks in person, where the checks could have been presented in due course of mail, and would have been paid if so presented.</p> <p>Logs and Logging — Laborer’s Liens — Defenses—Payment. Loggers’ liens cannot be enforced against innocent third parties by laborers who were given checks for the amount of their claims, which, through their negligence and laches, were not presented until after the funds in hank for their payment had been withdrawn by the absconding contractor.</p> <p>Equity — Maxims—Loss by Innocent Pabty. The maxim that where one of two innocent parties must suffer a loss by the act of a third person, the loss must fall upon the one whose act made the loss possible, applies as between a person claiming a lien on logs, who neglected to cash his check, and an innocent holder of the logs.</p>