Larson v. McMillan

Citations

• 99 Wash. 626
• 170 P. 324
• 1918 Wash. LEXIS 690

Syllabus

<p>Limitation of Actions—Fraud—Discovery. An action for deceit in representing that defendant was unmarried when he married plaintiff does not accrue until hy investigation she discovered the truth as to his former marriage, although some time before she had discovered a letter telling of his family and other wife, where defendant denied any other marriage and plaintiff had continued to live with him relying thereon; as the false representations were continued by his conduct.</p> <p>Same. The discovery of the fraud is not shown by common rumor that he was married, where it was not brought home to the plaintiff.</p> <p>Marriage—Illegal Marriage—Damages—Financial Standing of Husband—Evidence—Admissibility. In an action for deceit in marrying plaintiff while having a wife living, evidence of defendant’s financial standing is admissible upon the subject of compensation; and the same is not be be confined to the standing at the date of the discovery of the fraud.</p> <p>Same. In such action, plaintiff is entitled to show the worth of speculative property within a reasonable time after it is developed, and the jury may fix the compensation as of the time the verdict was rendered.</p> <p>Appeal—Review—Harmless Error. It is not ground for reversal that the record became confused because respondent was entitled to make inquiry into all appellant’s affairs and put the jury to greater care in sifting the facts.</p> <p>Mabbiage—Illegal Mabbiage—Action fob Damages—Defenses. In an action for deceit in marrying plaintiff while defendant had a wife living, it is no defense to recovery for pain and suffering in childbirth that plaintiff was pregnant by defendant at the time of the marriage, or that she procured an abortion of another child.</p> <p>Tbial—Instbuctions—Requests. It is not error to refuse a requested instruction that assumes a debatable question to be a proved fact.</p> <p>Mabbiage—Illegal Mabbiage—Damages—Excessiveness. A verdict for $35,000 for deceitfully contracting