Kirkland Land & Improvement Co. v. Jones

Citations

• 18 Wash. 407
• 51 P. 1043
• 1898 Wash. LEXIS 566

Syllabus

<p>PROMISSORY NOTES — RAISING QUESTION OF SURETYSHIP—BANK AS PAYEE — FAILURE TO APPLY MAKERS’ DEPOSIT — RIGHT TO REFUSE PARTIAL PAYMENT—INSTRUCTIONS — HARMLESS ERROR.</p> <p>The question of suretyship upon a promissory note cannot he raised by defendant in an action in which the alleged principal does not appear, as in such case a judgment cannot be rendered that the property of the principal be first exhausted before resort to that of the surety.</p> <p>The fact that a bank to which a promissory note was made payable had funds of the principal maker on deposit subsequent to its maturity, whose application he had directed in part payment of the note would not discharge the surety, as the bank was not bound to accept less than the full amount due.</p> <p>The failure of a bank to apply a depositor’s funds to the payment of his note held by the bank, would not constitute a defense to an action upon the note itself, although demand may have been made upon the bank to have the deposit so applied.</p> <p>Where a verdict is clearly right under the evidence, error in giving or refusing instructions is not prejudicial.</p>