Latimer v. Baker

Citations

• 25 Wash. 192
• 64 P. 899
• 1901 Wash. LEXIS 377

Syllabus

<p>NON-SUIT-WHEN GRANTABLE-CONTRADICTORY EVIDENCE.</p> <p>Where there is any contradiction in the evidence, it is the province of the jury to determine the facts, and, under such circumstances, a non-suit should be refused.</p> <p>EVIDENCE-ADMISSIBILITY OF WRITTEN ASSIGNMENT.</p> <p>In an action by plaintiff as tbe assignee of the claim of one to whom forged county warrants had been sold to recover from defendant the amount paid therefor, which claim, the complaint alleges, had been assigned in writing by plaintiff assignor to plaintiff for a valuable consideration, the assignment would not be inadmissible in evidence from the fact that it was signed by both the assignor and his wife, when there was no evidence establishing that the wife was a real party in interest.</p> <p>WITNESSES-EXAMINATION AS TO FORMER TESTIMONY..</p> <p>Where a witness has been cross-examined as to his testimony in another case, respecting the subject matter of his present examination, it is not error to allow the party introducing him, on re-direct examination, to interrogate him further in relation thereto and as explanatory thereof.</p> <p>SAME.</p> <p>Objection to the cross-examination of a witness as to his testimony in another case concerning the purchase of forged warrants was properly sustained, where the question related to other warrants than those involved in the present suit, though the dealings in regard to all the warrants had been between the same parties.</p>