Jackson v. Mercantile Mutual Fire Insurance

Citations

• 45 Wash. 244
• 88 P. 127
• 1907 Wash. LEXIS 450

Syllabus

<p>Insurance — Authority of Officer — Ratification. The plea of ultra vires cannot be set up by an insurance company as a defense to liability upon a note executed by its secretary, where the company had received the benefits of the transaction and had assumed payment of a loss to the extent of such note, for which it was given.</p> <p>Trial — Argument of Counsel. Error cannot be predicated on failure to permit argument of counsel, where the record fails to show any request therefor.</p> <p>Continuance — Grounds. It is not error to refuse a continuance to secure the evidence of an absent witness where such evidence appears to be immaterial.</p> <p>Appeal — Review — Harmless Error — Depositions. Irregularly breaking open an envelope containing a deposition is harmless where no change was made in the deposition.</p> <p>Bills and Notes — Transfer—Actions. It cannot be objected that the plaintiff should not maintain an action upon a note because he did not receive it voluntarily, where he received it before maturity in. payment of a just debt.</p>