Levy v. Simon

Citations

• 119 Wash. 179
• 205 P. 426
• 1922 Wash. LEXIS 785

Syllabus

<p>Jury (4) — Right to Trial by Jury — Accounting. Where the pleadings show that the action involves a partnership and a large number of mutual accounts between the parties, undoubtedly requiring an accounting, a jury trial is properly- denied.</p> <p>Witnesses (48-1) — Transactions With Deceased — Waiver. Rem. Code, § 1211, excluding testimony of transactions with a deceased is waived, where administrators suing a surviving partner, introduced portions of the testimony of the defendant in a former proceeding to show contradictory statements; and they cannot object to defendant’s introduction of the complete transcript for the purpose of reconciling his statements.</p> <p>Evidence (100) — Self-serving Declarations — By Persons Since Deceased. In an action by administrators for an accounting, self-serving letters and bank statements of the deceased in his own interest are inadmissible.</p> <p>Pleadings (174) — Issues—General Denial. In an action for a partnership accounting, under a general denial defendant may show that alleged moneys and goods furnished or forwarded were fully settled for or never furnished as claimed by plaintiff.</p> <p>Appeal (41'6) — Review—Findings—Equitable Actions. Findings in an action for an accounting depending upon the credibility of an eye witness whom the trial judge had the advantage of seeing must be considered as based on that which enlightened him on the issues only, and not on incompetent evidence unworthy of belief.</p>