Lincoln v. Kuskokwim Fishing & Transportation Co.

Citations

• 118 Wash. 137
• 203 P. 62
• 1921 Wash. LEXIS 947

Syllabus

<p>Continuance (13) — Grounds—Absence of Witness. A motion for a continuance on tbe ground of an absent witness is insufficient under Rem. Code, § 322, unless presented by affidavit.</p> <p>Corporations (172) — Representation by Officers — Disposal oe Assets. The fact that a corporation has ceased to operate its business would not, in the event there had been no dissolution, deprive it of the right to make an assignment of accounts due it.</p> <p>Evidence (105) — Hearsay. In an action to recover for an overpayment of freight charges, testimony by plaintiff of statements made to him by his bookkeeper is inadmissible as hearsay.</p> <p>Evidence (128) — Documentary Evidence — Memoranda. Ledger entries are not admissible to prove an account stated, such book not being one of original entry, where there was no evidence showing the method of keeping the ledger when the entries were made nor by whom made.</p> <p>Payment — Mistake — Recovery op Payment — Consideration. Where a carrier by water collected freight on a shipment of furniture on the customary basis of space rates, instead of at the rate for general merchandise which the shipper claims he contracted for, the alleged overcharge cannot be recovered on the theory of money paid by mistake, since the money was paid upon a consideration and the charge was reasonable for the service rendered; and if it be considered a mistake in the terms of the contract, it was a mistake of law for which there could be no recovery.</p>